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- KNOXVILLE ‘CHARTER | 
< Chapter BEMQSE. MOTE, STORA GE. 


Lo) 92, 248 and 298, Acts 1925 


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Law 

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AN ACT to incorporate the City of Knoxville in Knox County, 
Tennessee, and to define the rights, powers and lhabilities 
of the same; to fix the boundaries of said municipality, and 
to repeal all Acts or parts of Acts in conflict with this Act. 


NAME AND CORPORATE LIMITS 


Section 1. Be it enacted by the General Assembly of the 
State of Tennessee, That the inhabitants of the City of Knox- 
ville, Knox County, State of Tennessee, as the boundaries of 
said city were laid off and existed on February 27, 1917, as 
follows: 


Beginning at low water mark on the north bank of the Ten- 
nessee River at the mouth of Williams Creek; thence with the 
meanders of Williams Creek to a point in the center of the 
north coping of the concrete bridge across Williams Creek on 
the Straw Plains Pike; thence in a northerly direction to the 
junction of the McCampbell cross road and the McDonald road 
(recently rebuilt) leading to Jackson Avenue; thence in a 
northerly direction with the MeCampbell cross road to a june- 
tion with the Howell’s Ridge road; thence in a northeasterly di- 
rection with the Howell’s Ridge road to a junction with the 
private road leading to Walter Snyder’s place; thence continu- 
ing down the ridge following the Howell Ridge road to a june- 
tion with the Ruggle’s Ferry pike at or near Macedonia 
Church; thence in a northwesterly direction to a point in the 
center line of the Rutledge pike opposite telephone post No. 
4944 of the Cumberland Telephone & Telegraph Company : 
thenee in a northwesterly direction following a straight line to 
a point in the center line of Washington pike opposite tele- 
phone post No. 6958 of the Cumberland Telephone & Telegraph 
Company, being approximately one-half mile east of the east 
line of the ‘‘Belle Morris’’ school property, when measured 
along the center line of said pike; thence directly north follow- 
ing a straight line to the divide of Sharp’s Ridge; thence in a 
westerly direction with the divide of Sharp’s Ridge, crossing 
Jacksboro pike and Central Avenue pike and continuing with 
the divide of said Sharp’s Ridge to the northeast corner of Dr. 


1 


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iff 


Boundaries 


Aree Ritzgerald’s farm; thence in a southerly direction with | 


. the east. line of said farm to a point in the east line one thous- 
and and sixty (1060) feet north of a point in Clinton pike at 
the entrance of New Gray Cemetery; thence in a westerly di- 
rection following a straight line to a point in the west right-of- 
way line of the Tennessee Power Company and the south 
line of the Fitzgerald farm near Madden’s Corner; thence fol- 
lowing the west right-of-way line of the Tennessee Power Com- 
pany in a southerly direction crossing the Ball Camp pike to 
the south right-of-way line of the Middlebrook pike; thence in 
a southerly direction to the south railing of the concrete bridge 
on Sutherland Avenue (sometimes called Sprankle Avenue) 
across the west prong of Third Creek north of the three arch 
culvert under the Southern Railway; thence in a westerly di- 
rection with the south line of Sutherland Avenue to a point 
directly north of the intersection of the main line of the South- 
ern Railway and Kingston pike; thence in a southerly direc- 
tion to said intersection (north line of Cherokee Country Club 
property) ; thence in an easterly direction with the north line 
of the Cherokee Country Club property to the northeast cor- 
ner of said property; thence in a southerly direction with the 
east line of the Cherokee Country Club property to the north 
bank of the Tennessee River at low water mark; thence in an 
easterly direction with the meanders of the Tennessee River at 
low water mark on the north bank thereof to the west line of 
th Louisville & Nashville Railroad bridge across the Tennessee 
River; thence in a southerly direction with the west line of said 


bridge crossing the Tennessee River to the south end of said — 


bridge; thence in a southwesterly direction along the west right- 
of-way line of the Louisville & Nashville Railroad to the over- 
head bridge on the Maryville pike over the Louisville & Nash- 
ville Railroad; thence in an easterly direction to a point in the 
eenter line of the Martin Mill pike opposite the spring on the 
Ben Maynard place; thence in an easterly direction to the north 
portal of concrete bridge over the branch on Young’s High 
School pike; thence with the north line of Young’s High School 
pike to the west line of the Woodlawn pike in a northeasterly 
direction to the junction of Woodlawn pike and the Davenpori 
lane; thence in a northeasterly direction with the west line of 
Davenport lane to the old dirt road to Sevierville; thenee in 
an easterly direction with the old dirt road to a junction of said 
old Sevierville dirt road and the new Sevierville pike; thence in 
an easterly direction with the north line of Sevierville pike to 
a point at the intersection of a cross road and Sevierville pike 
at the southeast corner of the Minnis School property; thence 
in a northeasterly direction to a point in the Island Home pike 
where Toll’s Creek crosses the same (near Ross’ quarry) ; 
thence in a northeasterly direction with the meanders of Toll’s 


2 


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=— 


Creek to the south bank of the Tennessee River ‘ati low water / 
mark; thence in a westerly direction with the meanderings of 
the Tennessee River at low water mark and on the south bank 
thereof to the mouth of the creek near the entrance of Island 
Home Park; thence crossing the Tennessee River to the mouth 
of Williams Creek, the point of beginning, as heretofore sur- 
veyed and marked by the engineer of said city in the year 1917, 
pursuant to Chapter 97, page 330 of the Private Acts of 1917, 
as amended by Chapter 573, page 1756 of the printed Private. 
Acts of 1917, of the General Assembly of the State of Tennes- 
see, and as said city limits exist on the date this bill takes ef- 
fect, be and are hereby constituted a body politic and corporate 
by the name and style of ‘‘City of Knoxville.’’ Provided, fur- 
ther, the legislative body of said city may by ordinance estab- 
lish additional voting precincts by names or numbers within 
said corporate limits to those already existing on the date this 


Act takes effect. 
WARDS 


Sec. 2. Be it further enacted, That the territory described 
and bounded in Section 1 shall be divided into twenty-six 
wards, the boundaries of which shall continue to be the same 
as those laid out and specifically described by ordinance, or 
ordinances, existing and in effect on January 1, 1923, in the 
City of Knoxville. 


For the purpose of choosing six District Councilmen as 
hereinafter provided, the territory described and bounded in 
Section 1 shall be and is hereby divided into six voting districts, 
which shall be composed of the twenty-six wards described in 
this section, grouped as follows: 


Voting District One shall» be composed of Wards One, 
Three, Five, Twenty-five and Twenty-six; 

Voting District Two shall be composed of Wards Six, Seven 
and Eight; — 


Voting District Three shall be composed of Wards Twelve, 
Thirteen, Fourteen, Fifteen and Sixteen; 


Voting District Four shall be composed of Wards Eleven, 
Seventeen and Eighteen; 


Voting District Five shall be composed of Wards Nine, 
Nineteen, Twenty and Twenty-one; 


Voting District Six shall be composed of Wards Two, Four, 
Ten, Twenty-two, Twenty-three and Twenty-four. 


CORPORATE AUTHORITY 
Sec. 3. Be it further enacted, That the corporate body of 


3 


the City of Kwoxyville shall have perpetual succession, shall sue 
and be sued, implead and be impleaded in all courts of law and 
vequity, and in all actions whatsoever; may, for municipal pur- 
poses, purchase, receive and hold property—real, personal and 
mixed—within or beyond the limits of the city; and may sell, 
lease’ or dispose of such property for the benefit of the city, 
and do all other acts touching the same as natural persons; may 
have and may use a common seal, and may change it at pleas- 
‘ure. -There is hereby vested in the municipal corporation 
ereated by this Act the title to all real estate and personal prop 
erty heretofore vested in the former municipality, ‘‘The City 
of Knoxville,’’ ineluding the title to all publie buildings, school 
houses, streets, franchises, hospitals, pest houses and all other 
properties that was vested in said former corporation. 


LEGISLATIVE BODY 


Sec. 4. Be it further enacted, That the corporate power 
and authority shall be vested in a legislative body to be known 
as the Council, and such other officers as may be elected or 
appointed in pursuance of law. 


The legislative power and all other powers except as other- 
wise provided in this Act and by general law are hereby dele- 
gated to and vested in said Council, and the Council may by 
ordinance or resolution not inconsistent with this Act prescribe 
the manner in which any powers of the city shall be exercised, 
provide all means necessary or proper therefor, and do all 
things needful within or without the city or State to protect 
the rights of the city. The said Couneil shall exercise its 
powers in session duly assembled, and no member or group of 
members thereef shall exercise or attempt to exercise the powers 
conferred upon the Council except through proceedings adopt- 
ed at some regular or special session. 


GENERAL LEGISLATIVE POWERS 


Sec. 5. Be wt further enacted, That the city as meorpor- 
porated under this Act shall have power by ordinance: 

(1) To levy, assess and collect taxes upon all property 
taxable by law for State purposes; but such tax levy shall not 
exceed the rate herein provided for; and said city shall not 
exempt from taxation any property not exempt from State tax- 
es, except as herein provided. 


(2) To levy and collect taxes upon privileges and polls 
taxable by the laws of the State; but no such privilege tax shall 
be levied or collected in excess of the amount fixed by the laws 
of the State so taxing such privileges for State purposes. 


(3) To issue and sell, in any fiscal year, bonds not in 
; 


excess of Two Hundred Thousand ($200,000.00) Dollars; of 


bonds with such maturity dates and bearing such rate of inter /; 


est not to exceed six (6%) per cent per annum, for the purpose 
of providing funds to repair or replace any public building, 
work or structure of necessity that has been rendered unsuit- 
able for use by fire, storm, explosion, earthquake, rupture, or 
other cause, when the publie safety, health or convenience de- 
mand it, without submitting the question for issuance of such 
bonds for ratification by the voters of the city for their ap- 
proval, provided there are not sufficient funds for such pur- 
poses in the general revenue of the city; and provided, further, 
that the Council is hereby authorized and directed to levy an- 
nually sufficient taxes upon all taxable property within the 
City of Knoxville, over and above all other taxes authorized or 
limited by law, for the payment of the principal and interest 
of the said bonds. The powers granted by this sub-section may 
be exercised by the Council, either by ordinance or resolution ; 
and if by resolution, may be finally passed at any regular meet- 
ing held not earlier than four days after its introduction and 
first reading, and shall be in force from and after its final 
passage. 


(4) To issue and sell bonds of said City for any public 
municipal purposes which shall be direct general obligations of 
the City and, by ordinance or resolution, to fix the maturity 
dates thereof, and the interest rate, not to exceed 6% per an- 
num; provided, however, that all ordinances for the issuance 
of any such bonds under this sub-section shall be submitted to 
the qualified voters of said City and be approved by majority 
vote thereof. 


(5) To appropriate money and provide for the payment 
of the debts and expenses of the city, and also the debts of the 
municipal corporation, of which it is the successor. 


(6) To make regulations to prevent the introduction and 
spread of contagious diseases in the city, to make quarantine 
laws for that purpose, and enforce same within ten miles of 
the city. 


(7) To establish and maintain a system of free kindergar- 
tens, grammar and high schools, and regulate the same; but so 
as to avoid sectarian influence. 


(8) To make regulations to secure the general health of 
the inhabitants, and to prevent and remove nuisances; and, in 
order to accomplish these objects, the Council may declare by or- 
dinance what eonstitutes a nuisance, and provide for abatement 
of the same; and may make all repairs and improvements neces- 
sary for the health and convenience of the inhabitants; and all 


4) 


expenses, for outlay of said city for said purposes shall be re- 
imbursed by the owner or owners of the property affected, and 
shall, be secured by lien upon the property upon which the ex- 
‘penditure is made, which hen may be enforced by suit in the 
Chancery Court of Knox County, Tennessee. 


(9) To provide the city with water; to provide for the 
regulation, construction, and maintenance of waterworks, set- 
tling basins, pumping stations, water pipes and mains and 
rights-of-way for the same, reservoirs and all appurtenances, 
whether within or without the corporate limits of the city; to 
provide for assessments for water and for water service; and 
to provide and fix liens or penalties and withdrawal of service 
for refusal or failure of the party served to pay for same. 


(10) To make all necessary appropriations therefer and 
to open, alter, abolish, widen, extend, establish, grade, pave or 
otherwise improve, clean and keep in repair streets, alleys and 
sidewalks; or to have the same done, and to regulate, establish 
and keep in repair bridges, culverts, sewers and gutters; to 
regulate the use of all sewers and sewer connections, and fix 
service charges therefor; and to make provisions and contracts 
for lighting the streets, and for erection of all buildings neces- 
sary for the use of the city. 


(11) To leense, tax and regulate auctioneers, grocers, 
merchants, retailers, taverns, brokers, coffee houses, confection- 
ers, hawkers, peddlers, livery stable keepers, garage keepers, 
and all other privileges taxable at any time by the State. 


(12) To license, tax and regulate all occupations which 
are now or hereafter may be declared to be privileged occupa- 
tions by the laws of the State; to license, tax and regulate auto- 
mobiles, automobile trucks, automobile passenger busses and 
taxicabs, carts, omnibuses, cabs, wagons, drays, motorcycles and 
all other vehicles; to fix the rate to be charged for the carriage 
of persons and property by any vehicles held out to the public 
use for hire within the city, and to require indemnity bonds in 
surety companies or indemnity insurance policies to be filed 
with the city by owner or operator of any such vehicle, for the 
protection of the city or any person against loss by injuries to 
person or property, and to make all needful rules and regula- 
tions for the government of such conveyances, and to provide 
where such conveyances may be parked, and to fix the starting 
and stopping point within the city of such vehicles, whether the 
same be operated wholly within the city or from a point in the 
city to points outside, and whether the same be operated along 
fixed routes and according to fixed schedules, or along different 
routes and without schedules. 


To designate the streets, ways and alleys over and along 
6 | 


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which automobiles and other vehicles used for the purpose of 
affording street transportation similar in character to that or- 
dinarily offered by street railway companies, may be operated ; 
to regulate the schedule upon which same may be operated; to 
fix the rate to be charged for transportation of passengers; 
with the power to require all persons, firms or corporations 
operating said automobiles or other vehicles for the purpose 
aforesaid to execute bond with satisfactory security in such 
amount as the legislative body may deem sufficient, said bond 
being subject to renewal and increase from time to time, as said 
legislative body may deem desirable and expedient, and condi- 
tioned : 

First. To indemnify and save harmless the City of Knox- 
ville from any and all habilities that said city may ineur by 
reason of the use and operation of said automobiles upon the 
streets, ways-and alleys of said city; 


Second. To pay and satisfy all judgments and decrees thai 
may be obtained against the persons, firms or corporations so 
operating said automobiles or other vehicles, for injury to per- 
son and property caused or inflicted in the operation of said 
automobiles or other vehicles in the public streets, ways and al- 
leys of said city; and to prescribe such further regulations as, 
in the judgment of the legislative body, the public safety and 
convenience may require. 


(18) To regulate or prohibit and suppress theatrical or 
other exhibitions, moving picture shows, amusements, gambling 
houses, disorderly houses, obscene pictures and literature, junk 
dealers, pawn shops; the sale, manufacture or transportation of 
intoxicating liquors, and to confiscate and destroy gambling 
equipment, stills, and intoxicating liquors, and to prohibit Sun- 


day baseball and every other game or amusement on Sunday. 


(14) To regulate, restrain, prevent or suppress any busi- 
ness which may be or become dangerous in causing or produe- 
ing fires; to regulate, prohibit. and suppress the sale of fire- 
arms, and the carrying of concealed weapons; to regulate, pro- 
hibit and suppress the use and sale of fire crackers, fireworks 
and toy pistols, or other business of any character which may 
be declared dangerous to the security and well being of the in- 
habitants, or to property. 


(15) To regulate transportation or storage of gun powder, 
tar, pitch, resin, saltpeter, gun cotton, coal oil, gasoline, naphtha, 
benzine and all other combustible, explosive and inflammable 
materials; and also the use of lights, candles, lamps and steam 
pipes in all stables, shops and other placess. 


(16) To define, prohibit, suppress, prevent, and regulate 


is 


all acts, practices, conduct, business, occupation, callings, 
trades, uses of property and all other things whatsoever detri- 
mental to the health, morals, comfort, safety, convenience or 
welfare of the inhabitants of the city, and to exercise general 
police powers under the provisions of this Act and the general 
law. 


(17) To establish standard weights and measures to be 
used in the city, and to provide for the election or appointment 
of the sealer of standard weights and measures, and to provide 
fees for such inspections and tests. 


(18) To provide for and regulate the inspection or weigh- 
ing of beef, pork, flour, meal, milk, butter, dairies, dairy cows, 
and all other professions or business of a kindred nature; to 
regulate, prohibit, restrain and punish the forestalling and re- 
grading of all food products used for human consumption; and 
to establish, regulate and provide rules for the government of 
markets. 


(19) To provide for the inspection and measuring of lum- 
ber and other building materials; and also to provide for the in- 
spection and weighing of coal and coke sold within the city. 


(20) To provide for the inspection and weighing or meas. 
uring of stone, wood and all fuel, and also hay, corn, oats, and 
other grain or feed. 


(21) To provide for fines, forfeitures, and penalties for 
the breaching of any ordinance of the city, and for the enforce- 
ment, recovery and appropriation of the same, and to fix terms 
of confinement in the workhouse for failure to pay fine, pen- 
alty or forfeiture for any breach of any city ordinance. No 
penalty shall be fixed to exceed Fifty ($50.00) Dollars and no 
term of imprisonment shall be longer than 90 days for the 
same offense; and the city shall have the right to make a con- 
tract with Knox County to handle the workhouse prisoners. 


(22) To provide for the arrest, imprisonment and punish- 
ment of all riotous and disorderly persons within the city by 
day or by night, and for punishment of all breaches of the 
peace, noise, disturbance, or disorderly assemblies. 


(23) To impose penalties upon the owner or owners, occu- 
pants or agents of any house, walk or sidewalks, or other strue- 
tures which may be eonsidered dangerous or detrimental to the 
citizens, unless after due notice, to be fixed by ordinance, the 
same be removed or repaired; and in the event the city shall at 
its own expense be compelled to remove or repair such property, 
the eost of such repair shall be and constitute a len against 
said property, and the city shall also be entitled to a personal 


8 


Sa 


judgment against the owner or occupant thereof, and said len 
may be enforced in the Chancery Court of Knox County, or in 
any other court of competent jurisdiction, 


(24) To regulate, tax, license or suppress the keeping and 
eoing at large of all animals, including domestic fowls, within 
the city; to impound the same, and, in default of redemption, 
in pursuance of ordinanee, to sell or keep the same. 


(25) To establish, erect and organize a workhouse or farm 
eolony within or without the city, wherein any person who shall 
fail or neglect to pay any fine or costs imposed upon him under 
any city ordinance, shall be committed and confined until such 


fine or costs imposed upon him under any city ordinance shali 


be fully paid, or until a pardon has been granted, or the fine 
remitted; and to provide for the working of such persons out- 
side the workhouse or farm colony. 


(26) To provide for enclosing, improving and regulating 
all publie ground belonging to the city, in or out of the corpora- 
tion. 


_ (27) To improve and preserve the navigation of the Ten- 
nessee River within the city. 


(28) To erect, repair and regulate public wharves, docks, 
and landings, and to fix the rate of wharfage thereat, and to 
regulate ferries. 


(29) To regulate stationary anchorage and mooring of 
vessels, house-boats or rafts when in the city. 


(30) To provide for a police force and a fire department, 
and the organization and maintenance of the same, consistent 
with the other provisions of this Act; and to provide all proper 
equipment, houses and stations for said police force and the 
said fire department. 


(31) To regulate and provide for the construction or re- 
pair of sidewalks, foot pavements, curbs, and gutters, and if 
the owner or owners of any lot or lots shall fail to comply with 
the provisions of such ordinance or the general law within such 
time as may be prescribed thereby, the legislative body may con- 
tract for the construction or repair of such sidewalks, curbs and 
gutters, and for the proper guard rails along any sidewalks re- 
quiring the same, and the city shall pay for the same, and the 
amount so paid shall be a lien upon said lot, and may be en- 
forced by attachment in equity, or the amount may be recover- 
ed against the owner thereof before any court of competent 
jurisdiction. 


(32) To regulate and restrict the height, number of stor- 
9 


ies, and size of buildings and other structures, the percentage 
of lot that may be occupied, the size of yards, courts, and other 
open spaces, the density of population, and the location and use 
of buildings, structures, and land for trade, industry, resi- 
dence, or other purposes, and to divide residence areas into one 
family dwelling districts and into two or more family dwelling 
districts, and it may also establish setback building lines; to 
divide the municipality into districts of such number, shape, 
and area as may be deemed best suited to carry out the purpose 
of this grant of power; and within such districts it may regu- 
late and restrict the erection, construction, reconstruction, al- 
teration, repair, or use of buildings, structures, or land. All 
such regulations shall be uniform for each class or kind of 
buildings throughout each district, but the regulations in one 
district may differ from those in other districts; to compel the 
owners of property to erect fire escapes; to provide fire dis-- 
tricts or zones; to prohibit, regulate, suppress or provide for 
the destruction and removal of any house, well, spring or struc- 
ture, which may be or become dangerous or detrimental to the 
inhabitants, after due notice, and to provide for a penalty 
upon failure of the owner, occupant or agent to comply with 
the requirements provided. 


(33) To grant rights-of-way through the streets, avenues, 
squares, ways and over the bridges and viaducts of the city for 
the use of public and quasi-public utilities, subject, however, to 
the provisions of this Act; provided that no exclusive franchise 
shall ever be granted; and provided, further, that such new 
franchises shall not contravene or destroy the terms of any 
existing franchise, and shall be subject to petition for referen- 
dum within seventeen days signed by twenty-five per cent of 
the voters for City Judge at the last election, and to ratifica- 
tion in such election by the people pursuant thereto, as in the 
ease of the initiative hereinafter provided. 


When not inconsistent with and subject to the general laws 
of the State relative thereto, the Council may by ordinance pre- 
scribe, make and fix reasonable rates, charges, and fares of any 
public utility, and enforce the same, and provide appropriate 
penalties for the violation thereof; and make reasonable regu- 
lations regarding the construction, maintenance, equipment, 
operation, and service of public utilities, and compel from time 
to time reasonable extensions of facilities for such service. 


(34) To take and appropriate lands and grounds within 
said City for widening streets, or parts of streets, or laying out 
new streets, avenues, squares, parks, promenades, viaducts, and 
town, or for the building of sewers, conduits, electric light 
plants, hay markets, market houses, engine houses, station 


10 


houses, workhouses, city halls, auditoriums, detention hospitals, 
juvenile detention homes, hospitals, pest houses, disinfecting or 
disposal plants, garbage or night soil plants, disposal plants, in- 
cinerating plants, dumps, wharves, waterworks purposes, pump- 
ing stations, settling basins, reservoirs and rights-of-way for 
water mains, storm or sanitary sewers, public schools, and other 
publie structures, buildings or improvements, or any other pub- 
lic purpose, and a declaration of a public purpose by the Legis- 
lative Body shall be conclusive, when the public convenience or 
economy requires it, under the provisions of Sections 1388, 
1389, 1390 and 1391 of the Code of Tennessee, the same being 
Sections 1981 to 1984, both inclusive, of Shannon’s Annotated 
Code of Tennessee. 


(85) To provide for the taking and appropriation of lands 
and grounds beyond the corporate limits of the city when the 
public necessity shall require it, for any of the purposes enum- 
erated in the last preceding sub-section of this Act; and, in the 
exercise of this power herein granted, the legislative body shall 
by ordinance designate the lands or grounds desired, and in- 
struct the City Attorney to execute proceedings provided for in 
Section 1325 to Section 1348, both inclusive, of the Code of 
Tennessee, the same being Sections 1844 to 1867, both inclus- 
ive, of Shannon’s Annotated Code of Tennessee. 


(36) To create, maintain and control a system of public 
parks within the corporate limits, or adjacent thereto, and, for 
such purposes, to acquire and hold property by purchase, gift 
or devise, to condemn private property for park purposes in 
accordance with the terms and provisions of Section 1325 to 
1348, both inclusive, of the Code of Tennessee, the same being 
Sections 1844 to 1867, both inclusive, of Shannon’s Annotated 
Code of Tennessee; to make appropriations by ordinance for 
their maintenance; to enact such ordinances as may be neces- 
sary for the regulation and control of such public parks; to 
create park boards and define their powers and duties; pro- 
vided, the powers herein granted shall be exercised in conform- 
ity with other provisions of this charter touching the same sub- 
ject. 


(87) To create, maintain, build or purchase and operate 
ice plants, fuel yards, electric hight works, or gas plants for the 
purpose of lighting public buildings or streets, parks or other 
places in the city, or municipal property, houses or hospitals, 
or works beyond the city, and for the sale of electric current or 
gas to all persons desiring to purchase the same, either for light, 
heat or power, or any purpose whatever, either within or with- 
out the corporate limits of the city. 


(38) To provide for the temporary or permanent closing 
11 


of wells and springs used by the pubhe during epidemics, or 
when epidemics are threatened, or whenever the same are in- 
jurious to health, and by penal ordinance prevent use of water 
from same. 


(39) The legislative body of said city shall not grant to 


any street railroad company now incorporated, or that may 
hereafter be incorporated, nor to any company or individual, 
any exclusive privilege or right-of-way over a free bridge, via- 
duet, or underpass and its approaches, built and maintained at 
the public expense within the corporate limits of said city or 
town, nor permit or allow any corporation, company or indi- 
vidual to lay hold of or control, to the exclusion of others, a 
track or tracks on each free bridge, viaduct or underpass, pro- 
vided existing franchises or rights are not affected by this pro- 
vision; but such city may in the future put down, keep and 
maintain, at its own expense, such track or tracks as may in the 
future be necessary upon such bridge and its approaches for 
the convenience and accommodation of the public, and shall 
grant equal facilities and privileges to all corporations, com- 
panies or individuals desiring to run ears thereon, on such 
terms as may be agreed upon by said corporations, companies 
or individuals, and the city. Said track is to be the exclusive 
property of the city. 


(40) To regulate the treatment of dumb animals and chil- 
dren, and to provide for the punishment of cruelty to the same, 
subject to and in accordance with other provisions of this char- 
ter dealing with juvenile delinquents. 


(41) To require and compel any steam railroad company 
operating within said city, and crossing with its lines any of 
the streets of the city, to build and construct and forever main- 
tain all necessary bridges, viaducts, and underpasses over and 
under the tracks of said steam railroad company wherever 
said track or tracks cross the public streets, alleys, ways, 
and thoroughfares of said city, when, in the judgment of the 
legislative body such bridge, viaduct. or under pass should be 
built or constructed for the preservation and protection of the 
public using such streets, alleys, ways and thoroughfares; and 
the entire cost of so constructing such bridge, viaduct or under- 
pass shall be borne and paid by the person, firm or corporation 
holding or maintaining and operating such steam railroads, 
with the exception of that portion of the surface of such bridge 
or underpass which may be used by any street railway com- 
pany; and the expense incident to constructing and main- 
taining the surface and travel way of such bridge, underpass 
or viaduct, used and occupied by any street railway company, 
Shall be borne and paid by such street railway company from 


12 


L 


the outer ends of the ties of the track or tracks thereon. In 
order to enforce this sub-section, the legislative body of said 
city shall cause necessary plans and specifications for the con- 
struction of such bridge, viaduct or underpass to be made and 
prepared by competent civil engineers, and upon approval there- 
of by said legislative body, said legislative body may, by ordi- 
nance, order and require the building and construction to be 
begun not more than sixty days after the passage of such ordi- 


‘nance, and the work to be completed within such reasonable 


time as may be fixed and named in said ordinance. in ease of 
the failure of the owner or operator of any such steam railroad 
to comply with such ordinanee, it shall be subject to a fine of 
$50.60 for each day that it fails to comply therewith, this fine 
to be assessed and collected upon conviction before the City 
Judge of said city. Said city may furthermore enforce com- 
plianee with said ordinance by mandatory injunction by a bill 
filed for that purpose in the Chancery Court of Knox County, 
Tennessee, or in the Federal Court; or it may proceed to build 
and construct such bridge, viaduct or underpass at the cost and 
expense of the owner or operator of the railroad affected there- 
by, and recover such cost and expense, with interest thereon, 
by suit instituted for that purpose in any court of competent 
jurisdiction that may be held in Knox County, Tennessee. 
Damages for all change of grade incident to the construction of 
said underpass, viaduct, or bridge, shall be chargeable to and 
payable by the City of Knoxville. 


(42) To regulate and provide for the laying down of gas 
pipes and mains, water pipes and mains, and the erection of 
lamp posts, electric poles, towers, and other apparatus, tele- 
phone poles, wires and eables, and all other pipes, wires, poles, 
and apparatus used by public utility companies or individuals; 
and to require the removal from the public grounds, streets, al- 
leys, ways and thoroughfares of any and all poles, wires, cables, 
and other apparatus, and to require the placing thereof under- 
ground within reasonable limits; and to this end the legislative 
body shall have the authority and power to direct the building 
of subways, conduits, and other underground structures by the 
various public utility companies now or hereafter operating 
plants or works or using poles, wires, cables, and other appara- 
tus in said eity, and placing in such underground conduits the 
wires and cables and other apparatus from the surface of the 
streets as aforesaid; and the said legislative body is hereby 
vested with full power and ample authority to regulate the use 
of the streets, alleys, public places, ways and thoroughfares in 
said city by public service companies and at all times to control 
and regulate the setting of poles, posts, wires, cables, conduits 


13 


and subways of existing and future companies operating in 
said eity. 


(43) To regulate or prohibit the introduction of cenviet 
labor into the city. 


(44) To make such investigation as the legislative body 
may deem necessary or proper as to any department or as to 
any of the city’s institutions or activities; and to enable the 
legislative body to make such investigation said body is hereby 
authorized and empowered to appoint sueh committee or com- 
mittees as it deems necessary to make such investigations, and 
said committee or committees when so appointed are hereby 
clothed with the power to administer oaths to witnesses, to is- 
sue subpoenas for witnesses and to compel their attendance and 
to punish as for contempt of court by appropriate fine not to 
exceed $50.00 for failure of a witness when duly summoned to 
attend and testify, and if necessary to commit such delinquent 
witness to the workhouse for failure to testify until such wit- 
ness shall have purged himself of the contempt by agreeing to 
give evidence and by testifying. 


(45) To regulate the planting of shade trees in front of 
private property along the public streets, ways and thorough- 
fares of the city and to provide the kind of trees that shall be 
placed, and to regulate the pruning thereof and care to be taken 
of said trees. 


(46) To assess against abutting property within the cor- ' 


porate limits the cost of planting shade trees, removing from 
sidewalks all accumulations of ice, snow and earth ; cutting and 
removing of obnoxious weeds and rubbish. 


(47) To provide and maintain charitable, corrective, cura 
tive, recreative, detentive, educational or penal institutions, de- 
partments, functions, facilities, instrumentalities, conveniences 
and services. 


(48) To provide for a City Tax Map showing the class and 
character of the property and improvements thereon, 

(49) To pass all ordinances necessary to the health, con- 
venience, safety and general welfare of the inhabitants of the 
city, and to earry out the full intent, corporate purposes, and 
meaning of this Act as fully as if specifically authorized, and 
as if the powers were expressly conferred. st 


(50) To make regulations for the general welfare, health 
and safety of the public within the corporate limits and not 
otherwise herein specifically provided for. 


(51) To eall, regulate, provide for, and control all munici- 
14 


pal elections not otherwise provided for in this charter, or by 
general law. 


(52) To have and exercise all powers which now are or 
hereafter would be competent for this charter specifically to 
enumerate, as fully and completely as though said powers were 
specifically enumerated herein; and no enumeration of parti- 
cular powers by this charter shall be held to be exclusive. 


NO TAX EXEMPTION 


Sec. 6. Be it further enacted, That the said legislative 
body shall not exempt any property from taxation not exempt 
from State taxation, except property used for free park pur- 
poses located within the city limits and accepted by the legis- 
lative body for such use. — 


Sec. 7. Be it further enacted, That the legislative body ot 
said city shall have power to levy in any one year for any and 
all purposes ordinary and extraordinary, a tax not exceeding 
Two. ($2.00) Dollars on each One Hundred ($100) Dollars of 
the assessed value of the taxable property within the city limits, 
provided that the said $2.00 limit shall not include taxes for 
the city’s share of any local improvement the cost of which in 
part has been or is to be assessed against abutting or specially 
benefited property, nor taxes for the payment of principal or 
interest of bonds or notes authorized by law whether issued since 
October 1, 1923, and hereafter to be issued, or issued prior to 
October 1, 1923, and now outstanding; and all taxes, ordinary 
and extraordinary, shall embrace all expenses of fire, police, 
street, gas, water, school, hospital, library, and all other pur- 
poses, except as hereinafter provided. 


DONATIONS PROHIBITED 


. Sec. 8. Be rt further enacted, That the legislative body 
are forbidden to make any appropriation of money or credit in 
the way of donation, to festivities, pageants, excursions or pa- 
rades, but may appropriate not exceeding One Thousand 
($1,000.00) Dollars per annum for decorating public buildings 
or streets for Armistice Day or other gala days. 


STOCK SUBSCRIPTIONS PROHIBITED 


Sec. 9. Be it further enacted, That the legislative body — 
are forbidden to make any appropriation or subscribe for any 
stock in any railroad company or in any other corporation, ex- 
cept under the general law of the State, or to give or lend 


‘ money, aid or credit to any person or corporation whatever, and 


they are hereby prohibited from employing or appropriating the 
revenue or taxes in any other manner than for purposes strictly 


15 


Salary 


Council meet- 


ings of 


» 


municipal and local, and according to the provisions of this 
Act. 
LEGISLATIVE BODY 


Sec. 10. Be wt further enacted, That the legislative body or 
Council shall be composed of eleven members elected by the 
qualified voters at a regular election as hereinafter provided 
for. The qualified voters of each of the six voting districts 
enumerated in Section 2 of this Act shall choose from among 
the citizens of said district a Councilman to represent them, and 
who shall be known as a District Councilman. Five members 
of the Council shall be chosen by all the qualified voters of the 
city who desire to cast their vote, and shall be known as Coun- 
cilmen-at-large. No person shall be eligible to the office of 
Councilman unless he shall have been for at least three years 
next preceding his election a citizen of and a bona fide free- 
holder or householder in said city, and at least twenty-five 
years of age.. No person shall be eligible to the office of Coun- 
cilman who holds any other public office or employment. except 
that of Notary Public, or a member of the National Guard of 
the State of Tennessee. Any Councilman who shall cease to 
possess any of the qualifications herein enumeratcd shail forth- 
with forfeit his office. 


Members of the Council shall be elected for a term of two 
years, and shall serve until their successors are elected and 
qualified. Any vacancy in the Council except as otherwise pro- 
vided in this Act shall be filled by a majority vote of the re- 
maining members, and any person elected to fill such vacancy 
shall serve for the remainder of the unexpired term; but any 
vacaney resulting from a recall election shall be filled in the 
manner provided in this Act. No Councilman, employe or of- 
ficer of the city shall be interested in the profits or emoluments 
of any contract job, work or service for the city, and any such 
contract in which any such officer, employe or Councilman is, 
or may become interested may be declared void by the Council. 


Sec. 11. Be at further enacted, That the salary of each 
Councilman shall be Ten ($10.00) Dollars per meeting attend- 
ed, but in no event to exceed Three Hundred Dollars per annum. 


Sec. 12. Be wt further enacted, That on the first day of 
October following the regular municipal election, or on the 
second day of October, if October 1st falls on Sunday, and at 


the hour of ten o’clock A. M., the Council shall meet at the_ 


usual place of meeting of the legislative body of the city, at 
which time the newly elected Councilmen shall assume the dut- 
ies of their office. Thereafter they shall meet at such times as 
may be prescribed by ordinance or resolution, except that they 
shall meet not less than once in each two weeks. The Mayor 


16 


— 


or any three members of the Council may eall special meetings 
of the Council upon publication of notice thereof in a daily 
newspaper of general circulation in the city, or upon at least 
twelve hours’ written notice to each member of the Council 
served personally upon such member, or left at his usual place 
of residence. The notice of such special meeting shall show the 
purpose of such meeting, and no business shall be transacted 
unless specifically mentioned in such eall or notice. All meet- 
ings of the Council shall be public, and any citizen shall have 
access to the minutes and records thereof at any reasonable 
time; the Council shall determine its own rules, and shall keep 
minutes of all its proceedings. 


Sec. 13. Be it further enacted, That the Couneil shall at 
the time of organization, elect one of its members as President, 
and another as Vice-President. The President shall have the 
title of Mayor, and the Vice-President the title of Vice- Mayor. 


The Mayor shall preside at all meetings of the Council, and 
perform such other duties as may be imposed by the Council. 
He shall be recognized as the official head of the city for all 
ceremonial purposes, by the courts for the purpose of serving 
civil process, and by the Governor for military purposes. In 
time of public danger or emergency he may take command of 
the police and fire departments, maintain order and enforce the 
laws. 


In the absence or disability of the Mayor his duties shall be 
performed by the Vice-Mayor. In the absence or disability of 
both the Mayor and the Vice-Mayor, the other members of the 
Council shall select one of their own number to temporarily per: 
form the duties of Mayor. 


Sec. 14. Be it further enacted, That the Council shall be 
the judge of the election and qualification of its members; may 
punish its members for disorderly behavior, and, with the af- 
firmative vote of eight of the members, may expel a member for 
disorderly conduct, malfeasance, for the violation of its rules, 
or for any other just and reasonable cause; but no member shali 
be expelled until he has been given five days’ notice in writing 
of the charge against him, and has been given an opportunity 
to be tried by the Council. 


Sec. 15. Be it further enacted, That a majority of all mem- 
bers elected shall constitute a quorum to do business, but a 
smaller number may adjourn from day to day. The affirma- 


Organization 


Duties 


tive vote of a majority of the members elected to the Council P*ss#s¢ of 
shall be necessary to adopt any ordinance or resolution. The ordinance 


vote upon the passage of all ordinances and for the adoption of 
such resolution as the Council by its rules shall prescribe, shall 


at 


Form, of 


ordinance 


Publication. of 


ordinances 


be taken by yeas and nays and entered upon the minutes of rec- 
ord. Hach and every ordinance or resolution passed by the 
Council shall be signed by the presiding officer or two mem- 
bers, and filed with the Recorder. 


Sec. 16. Be it further enacted, That each proposed ordi- 
nance or resolution shall be introduced in written or printed 
form, and shall not contain more than one subject, which shall 
be clearly stated in the title; but the general appropriation or- 
dinarrce may contain the various subjects and accounts for 
which money is to be appropriated. The enacting clause of all 
ordinances passed by the Council shall be: ‘‘Be it ordained by 
the Council of the City of Knoxville.’’ The enacting clause of 
all ordinances submitted to the initiative shall be, ‘‘Be it or- 
dained by the people of the City of Knoxville.’’ All ordinan- 
ces at the end of the ordinance shall contain the provisions that 
‘*This ordinance shall take effect seventeen days from and after 
its passage, the welfare of the city requiring it.’’ ‘ Providing 
that the ending of any emergency ordinance shall read: ‘‘This 
ordinance shall take effect from and after its passage, the pub. 
lic welfare requiring it.’ 


No ordinance, unless it be an emergency measure, shall be 
passed until it has been read at two regular meetings not less 
than two weeks apart; no ordinance or resolution or section 
thereof shall be revised or amended unless the new ordinance or 
resolution contains the entire ordinance or resolution or section 


revised or amended, and the original ordinance, resolution, sec- 


tion or sections so amended shall be repealed. 


Sec. 17. Be wt further enacted, That ordinances may be 
revised, codified, rearranged, and published in book form under 
appropriate chapters and sections, and such revision and ecodi- 
fication may be made in one ordinance, containing one or more 
subjects. The publication of such revision and codification in 
book form as aforesaid shall be held to be sufficient publication 
of the ordinance, or several ordinances contained in such revis- 
ion and codification, and so published. Any such publication 
of a revision or codification of ordinances in book form shall 
contain a certificate of the Mayor and the Recorder of the cor- 
rectness of such revision, codification and publication. 


All ordinances and resolutions passed by the Council shall 
be in effect from and after seventeen days from the date of 
their passage, except that the Council may, by an affirmative 
vote of eight of its members, pass emergency measures to take 
effect at the time of passage. 


An emergency measure is an ordinance or resolution for the 
immediate preservation of the public peace, property, health or 


18 


y 


) 
safety, or providing for the usual daily operation of a municipal 
department in which the emergency is set forth in the preamble 
thereto, and the declaration of emergency by the Council in the 
ordinance shall be conclusive thereof. Ordinances appropriat- 
ing money may be passed as emergency measures, but no meas- 
ure making a grant, renewal or extension of a franchise, or 
other special privilege, or regulating the rate to be charged by 
any public utility shall ever be passed as an emergency measure. 


Sec. 18. Be it further enacted, That every ordinance or 
resolution upon its final passage shall be recorded in a book 
kept for that purpose, and shall be authenticated by the signa- 
ture of the presiding officer of the Council and the Recorder. 
Every ordinance of a general or permanent nature shall be pub- 
lished once within ten days after its final passage in the man- 
ner herein provided. 


All the above mentioned publications as well as other pub- 
lication mentioned in this charter shall be made in a newspaper 
of general circulation in the city in the body type of the paper 
and under headlines in twelve point type. Contract for said 

publications shall be made through the Purchasing Agent of the 
city ; but if it appears to the Council that the newspaper publi- 
eation is unnecessarily expensive, such other means of securing 
due publicity may be made in lieu of newspaper advertising as 
the Council by resolution may determine. 


Sec. 19. Be it further enacted, That the Council shall 
choose a clerk of the Council, who shall also be known as the 
City Recorder. He shall keep the records of the Couneil and 
perform such other duties as may be required by law of the 
Council. The Council may also appoint or employ such other 
officers or employes of its body as may be necessary, fix their 
duties and compensation. Such officers and employes shali 
hold office at the pleasure of the Council. 


CITY MANAGER 


Sec. 20. Be it further enacted, That the Council shall ap- 
uaa a City Manager, who shall be the chief administrative and 
xecutive officer of the city. He shall be chosen solely on the 
basis of his executive and administrative qualifications, and 
need not when appointed be a resident of the city or State. No 


- member of the Council shall be chosen as City Manager. The 


City Manager shall not be appointed for a definite fixed time, 
but shall be removable at the will and pleasure of the Council 
by a vote of a majority of the members elected. If removed 
after serving six months he may demand written charges and 
the right to be heard thereon at a public meeting of the Coun- 
cil, prior to the date on which his final removal shall take ef- 


19 


Style of 


publication 


City Recorder, 


duties 


fect, but pending and during such hearing, the Council may 
suspend him from office. The action of the Council in sus- 
pending or removing the City Manager shall be final, it being 
the intention of this charter to vest all authority and fix all re- 
sponsibility for any such removal or suspension in the Council. 
In ease of the absence or disability of the City Manager, the 
Council may designate some qualified person to perform the 
duties of the office. The City Manager shall receive such com- 
pensation as may be fixed by the Council. 


The powers and duties of the City Manager shall be: 
(1) To see that all laws and ordinances are enforeed. 


(2) Except as herein provided, to appoint and remove all 
heads of departments, and all subordinate officers and employ- 
es of the city; all appointments to be upon merit and fitness 
alone, and in the civil service all appointments and removals to 
be subject to the civil service provisions of this character. 


(3) To exercise control over all departments and sub-di- 
visions thereof created by this charter, or that may hereafter 
be created by the Council except as hereinafter provided. 


(4) To see that all terms and conditions imposed in favor 
of the city or its inhabitants in any public utility franchise are 
faithfully kept and performed, and upon knowledge of any vio- 
lation thereof to call the same to the attention of the City At- 
torney, who is hereby required to take such steps as are neces- 
sary to enforce the same. 


(5) To attend all meetings of the Council with the right 
to take part in the discussion, but having no vote. 


(6) To recommend to the Council for adoption such 
measures as he may deem necessary or expedient. 


(7) To keep the Council advised as to the financial condi- 
tions and future needs of the city and to prepare and submit 
to the Council the annual budget estimate. 


(8) To perform such other duties as may be prescribed by 
this charter, or be required of him by general law or by ordi- 
nance or resolution of the Council. 


The City Manager shall be responsible to the Couneil for 
the proper administration of all city affairs placed in his hands 
and shall, to that end, appoint all directors of departments and 
other employees not otherwise provided for in this charter or 
by ordinance. Appointments made by him shall be on the 
basis of executive and administrative ability and of the train- 
ing and experience of such appointees in the work which they 
are to administer. All such directors of departments shall be 


20 


. 

immediately responsible to the City Manager and may be re- 
moved by him at any time. In ease of removal, if the director 
removed so demands, a written statement shall be made to him 
by the City Manager of the reason for his removal, and the di- 
rector shall be given a public hearing by the City Manager be- 
fore the order of removal is made final. The statement of the 
Manager and any written reply of the director thereto shall be 
filed as a publie record in the office of the Recorder. 


INVESTIGATIONS 


Sec. 21. Be it further enacted, That the Council, the City 
Manager, or any person or committee authorized by either or 
both of them, shall have power to inquire into the conduct of any 
department or office of the city, and to make investigations as to 
city affairs, and for that purpose may subpoena witnesses, ad- 
minister oaths, and compel the production of books, papers, and 
other evidence. The Council shall provide by ordinanee, penalties 
for contempt in refusing to obey any such subpoenas, or to pro- 
duce any such books, papers or other evidence, and shall have 
the power to punish any such contempt in the manner provided 


by ordinance. 
ADMINISTRATIVE DEPARTMENTS 


Sec. 22. Be it further enacted, That the following admin- 
istrative departments are hereby established by this charter: 


1. Department of Law; 
Department of Finance; 
Department of Public Safety ; 
Department of Public Service; 


Department of Publie Welfare ; 

and such other departments and offices as may be established 
by ordinance. The Council may discontinue any department 
or office established by ordinance, and may prescribe, combine, 
distribute or abolish the functions and duties of departments 
and offices; but no function or duty assigned by this charter to 
a particular department or office shall be abolished or assigned 
to any other department or office. 


oh 


No administrative office or department created by ordinance 
shall be established or discontinued until the recommendation 
of the City Manager thereon shall have been heard by the Coun- 
eil. 

A Director for each Department shall be appointed by the 
City Manager, and shall serve until removed by the City Man- 
ager, or until his successor is appointed and has qualified. He 
shall have a seat and voice but no vote in the Council. He 


21 


shall have power to prescribe rules and regulations not incon- 
sistent with this charter or the city ordinance for the regula- 
tion of his department and the preservation of records and 
property under his control. Subject to the control and super- 
vision of the City Manager in all matters, the Director of a de- 
partment shall manage the department. 


The Director of a department, subject to the approval of 
the City Manager and the civil service provisions of this char- 
ter, shall appoint all employes of his department. 


CITY PLAN BOARD 


Sec. 23. Be it further enacted, That the Council of the 
City of Knoxville may by ordinance or resolution create a City 
Planning Commission, which Commission shall consist of City 
Manager, Director of Publie Safety, Director of Law, and three 
citizens having all the qualifications necessary for a council- 
man at large. The three citizen members shall be appointed by 
the City Manager, subject to the approval of the Council. The 
citizen members of the Commission first appointed shall serve 
respectively one, two and three years. Thereafter citizen mem- 
bers shall be appointed for a term of three years each. Va- 
cancies shall be filled by appointment for the unexpired term 
only. 


All citizen members may be removed at any time by a ma- 
jority vote of the Council for cause. The City Manager or any 
Director shall cease to be a member of the Commission when 
such Director or City Manager shall resign or be dismissed from 
his office. ; 


The City Planning Commission shall have the following 
powers and duties: 


(1) The City Planning Commission shall meet, at least 
once a month, at such times and places as it may fix by resolu- 
tion. It shall elect its own chairman and special meetings 
may be called from time to time by the chairman. Five mem- 
bers of the Commission shall constitute a quorum for the trans- 
action of business. The Commission shall cause proper records 
to be kept of its proceedings. 


(2) It shall be the duty of the City Planning Commission 
to collect data and to keep itself informed as to the best prac- 
tices, and the advancement made generally, in the art of City 
Planning, to the end that it may be qualified to act on matters 
that affect the present and future movement of traffic, the con- 
venience, the safety of persons and property, the health, the 
recreation and the general welfare and amenities and all other 


22 


needs of the municipality, which are dependent upon the city 
plan. 


(3) It shall be the duty of all city departments to render 
assistance to the Planning Commission in the’ way of informa. 
tion, advice and co-operation. However, it is not intended to 
Supplant nor impair the power of any existing board, bureau or 
commission, already in existence and operating under charter 
provisions and ordinances, except that matters coming within 
the purview of the Planning Commission shall be referred to 
that body, to the end that there shall be a proper correlation of 
thought and the furtherance of comprehensive plans for all bet- 
terments carried out by the City. 


(4) It shall be within the further powers and duties of 
the Commission to make plans and maps of the whole or any 
portion of the municipality or any land outside of the muniei- 
pality, which, in the opinion of the Commission, bears a rela- 
tion to the planning of the municipality, and to make changes 
in such plans or maps when it deems same advisable. Such 
plans shall show the Commission’s recommendations for any 
streets, alleys, ways, viaducts, bridges, subways, railroads, ter- 
minals, transit lines, parkways, parks, playgrounds or any 
other public grounds or public improvements, and the removal, 
relocation, widening or extension of such public work then ex- 
isting. The Commission shall have authority to recommend 
provisions for the preservation and care of historical land- 
marks, control in the manner provided by ordinance, the de- 
sign and location of statuary, and other works of art which are, 
or may become, the property of the municipality, and the re- 
moval, relocation and alteration of such works belonging to the 
municipality and the design and location of harbors, bridges, 
viaduets, street fixtures and other public structures and appur- 
tenances. 


(5) Whenever the legislative body of the municipality 
shall have adopted a city plan recommended by the City Plan- 
ning Commission, no public buildings, streets, alleys, ways, via- 
ducts, bridges, subways, railroads, terminals, transit lines, 
parkways, parks, playgrounds, or any other public grounds or 
public improvement or part thereof, shall be constructed until 
and unless the location thereof shall be approved by the City 
Planning Commission; provided, however, that in case of its 
disapproval, the City Planning Commission shall communicate 
its reasons for disapproval to the legislative body of the muni- 
cipality, and at any time, by majority vote of such legislative 
body, it shall have the power of overruling such disapproval. 


The widening, narrowing, ornamentation, vacancies, or 
change in the use of streets and other public ways, public 


23 


grounds or other public improvements, appearing on the adopt- 
ed plan, shall be subject to similar approval by the Planning 
Commission and upon disapproval by the Planning Commission 
may be similarly overruled. The Planning Commission may 
make recommendations to any public authorities, or to any cor- 
porations or individuals in such municipality, or in the terri- 
tory contiguous thereto, concerning relocation of any building, 
structures or works to be erected or constructed by them. 


(6) All plans, plots or replots of lands laid out in build- 
ing lots, into streets, alleys or other portions of the same, in- 
tended to be dedicated to public use, or for the use of purchas- 
ers or owners of lots fronting on or adjoining, and located 
within the corporate limits of the municipality, shall be sub- 
mitted to the City Planning Commission for approval; pro- 
vided, however, that in case of its disapproval, the City Plan- 
ning Commission shall communuiecate its reasons for disapprov- 
al to the legislative body of the municipality, and at any time, 
by majority vote of such legislative body, it shall have the 
power of overruling such disapproval. 


The approval of the City Planning Commission or Legisla- 
tive Body shall be deemed an acceptance of the proposed dedi- 
cation, but this shall not impose any duty upon the municipal- 
ity, concerning the maintenance or improvement of such dedi- 
cated parts, until the proper municipal authority shall have 
made an actual appropriation of same, by entry, use or improve- 
ment, 


No sewer, water or gas main, or pipes or other improve- 
ments, shall be voted or made, nor shall any public money be 
expended for the benefit of any such purchaser or owner; nor 
shall any permit for connection with, or other use of any such 
improvement existing, or for any other reason, be given to any 
such purchasers or owners until such plan is so approved by 
the City Planning Commission or Legislative Body. 


No sewer, water or gas main or pipe or other improvements 
shall be voted or made, nor shall any public money be ex- 
pended within any lands laid out in building lots, streets and 
alleys, until the plan, plot or replot of such lands shall have 
been so approved by the City Planning Commission or Legisla- 
tive Body. 


(7) The City Planning Commission shall have power to 
control, appoint or employ such architects, engineers, and 
other professional services, and to appoint such clerks, drafts- 
men, and other subordinates as it shall deem necessary, for the 
performance of its functions, the expenditures for such service 


24 


and employment to be within the amounts appropriated for 
the use of the City Planning Commission. 


(8) The City Planning Commission shall make to the Leg- 
islative Body of the municipality an annual report, giving a 
resume of its work during the preceding year. In such report 
it shall also make recommendations as to future projects to be 
undertaken, and, from time to time, they shall also make like 
recommendations for public improvements which in its judg- 
ment, should be undertaken. 


DEPARTMENT OF Bee 


ee 24. Be wt further enacted, That ia Director of Fin- 
ance 


(1) Shall have charge of the Department of Finance and - 
the administration of financial affairs of the city, including 
the efficient keeping and supervising of all accounts; the cus- 
tody and disbursement of the city funds and moneys; the col- 
lection of any moneys due the city; and the purchase, storage 
and distribution of supplies needed by the city; and such other 
duties as the Council may by ordinance require. 


(2) Shall be the general accountant and auditor of the 
city; he shall have custody of all papers, records and vouchers 
relating to the fiscal affairs of the city, and the records in his 
office shall show the financial operations and conditions of the 
city, including all assets and liabilities, all expenditures au- 
thorized, and all contracts in which the city is interested. 


(3) Shall require proper fiscal accounts, records, settle- 
ments, and reports to be made to his office by the several de- 
partments and officers and employes of the city, and shall con- 
trol and audit the same. The form of all such accounts, and 
the financial reports rendered to or by the Department of 
Finance shall be prescribed by the Director of Finance with 
the approval of the City Manager. (He shall at least monthly, 
and oftener if he deems it advisable, require settlements from 
officers or employes engaged in the collection of any revenue 
of the city. Whenever practicable the books of financial ac- 
count of any department or office shall be kept in the office 
of the Department of Finance. 


(4) Subject to the approval of the Council, the Director 
of Finance shall appomt a Treasurer. He may appoint the 
City Recorder as Treasurer. It shall be the duty of the 
Treasurer, under the supervision of the Director of Finance, 
except as otherwise provided for in this charter, to collect, re- 
ceive and disburse all public money of the city as required by 
law or ordinance; and to disburse all other public money com- 


25 


ing into his possession as City Treasurer, in pursuance of such 
laws, ordinances or regulations as may be prescribed by the au- 
thorities having lawful control over such funds. He shall de- 
posit any moneys belonging to the city in such place or places 
as the Council, by ordinance, may direct. 


PURCHASING AGENT 


Sec. 25.° Be it further enacted, That a City Purchasing 
Agent shall be appointed by the Director of Finance, subject 
to the approval of the City Manager.. He shall, in the manner 
provided by ordinance and subject to the supervision of the — 
Director of Finance, purchase supplies for the city, sell all real 
and personal property not needed, or unsuitable for public use, 
or that may have been condemned as useless by the director of 
any department. He shall have charge of such store rooms 
and storage spaces as may be provided by ordinance in which 
shall be stored all materials purchased by the city and not de- 
livered directly to the various departments; and he shall cause 
to be inspected all supplies delivered to determine quality and 
quantity and conformity with specifications, and no voucher 
for supplies or materials shall be honored by the Treasurer un- 
less approved by the City Purchasing Agent. 


The City Purchasing Agent shall require from the Director 
of each department at such times as contracts for supplies are 
to be let, a requisition for the quantity and kind of supplies to 
be paid for from the appropriation of the department. 


Upon the certification that funds are available in the prop- 
er appropriation, such goods shall be purchased and shall be - 
paid for from funds in the proper department for that purpose. 
However, this procedure shall ‘not prejudice the City Purchas- _ 
ing Agent from purchasing supphes to the credit of the Stores 
Account to be furnished the several’ departments on requisi- 
tion, goods so furnished to be paid for by the department fur- 
nished therewith by warrant made payable to the credit of the 
Stores Account. However, no supplies shall be furnished to 
any department unless there be to the credit of such depart- 
ment an available appropriation balance in excess of all unpaid 
' obligations, sufficient to pay for such supplies. | 


Before making any purchase or sale the City Purchasing 
Agent shall give opportunity for competition by advertising 
under such rules and regulations as the Council may establish, | 
but no purchase in excess of $500.00 shall be made without 
competitive bid. 


In case of. emergency, purchases may be without competi- 
tion if a sufficient appropriation has theretofore been made 
against which such purchases may lawfully be charged. In 


26 


such eases a copy of the order issued shall be filed with the 
City Purchasing Agent by the head of the department stating 
the facts of the emergency. A copy of this certificate shall be 
filed with the voucher covering the payment for the supplies 
and. a duplicate forwarded to the City Manager by the City 
Purchasing Agent. The Council, by ordinance, may limit the 
amount that may be expended under this emergency provision. 


FISCAL YEAR AND ANNUAL BUDGET 


Sec. 26. Be it further enacted, That the fiscal year of the 
city shall begin with the first day of October of each year, and 
shall end with the last day of September of the next calendar 
year. On or before thirty days prior to the beginning of the 
fiscal year the City Manager shall prepare and submit to the 
Council a budget estimate of the revenue of the city and the ex- 
pense of conducting the affairs thereof for the ensuing fiscal 
year. This estimate shall be compiled from detailed informa- 
tion obtained from the various departments and boards. The 
classification of the estimates shall be as nearly uniform as pos- 


‘sible and shall contain so far as possible the following infor- 
‘mation: 


(1) An itemized estimate of the expense of conducting or 
operating each department, division, office or board, and the 
subdivisions of each. | 


(2) Comparison of such estimates with the corresponding 
items of expenditure for the last two complete fiscal years, and 
with the expenditures of the current fiscal year, plus an esti- 
mate of expenditures necessary to complete the current fiscal 
year. 


(3) Reasons for proposed increases and decreases of such 
items of expenditure compared with the current fiscal year. 


- (4) Items of payroll increases as either additional pay to 


‘present employes, or pay for additional employes. 


(5) <A separate schedule for each department, showing the 
things necessary to be done for or by the department, and for 
which an appropriation will be necessary beyond that for the 
regular operation of such department. Also a similar schedule 
covering additional things which ought to be done, if funds 
were available. 


(6) A statement from the Director of Finance of the total 
probable income of the city from taxes for the period covered 
by the estimate. 


(7) An itemization of all anticipated revenue from sources 
other than tax levy, for the period covered by the estimate. 


27 


(8) The amount required for interest on the city’s debt, 
for sinking fund, and for maturing serial bonds during the 
period covered by the estimate. 


(9) The total approximate amount of outstanding city 
debts, with a schedule of maturities on bonds issued at the be- 
ginning of the period covered by the estimate. 


(10) Such other information as the Council may require. 

After receiving the estimate of the City Manager, the Coun- 
cil shall prepare an appropriation ordinance using the Man- 
ager’s estimate as a basis. Provisions shall be made for a pub- 
he hearing upon the appropriation ordinance before a Commit- 
tee of the Council, or the Council as a whole. Following the 
hearing and before the second reading and final passage, the 
appropriation ordinance shall be published in one or more of 
the daily newspapers of the city, with a separate schedule set- 
ting forth the items in the Manager’s estimate which were omit- 
ted or changed by the Council. The Council shall not pass the 
appropriation ordinance until ten days after its publication, but 
must pass it before sixty days after the beginning of the new 
fiscal year. : 


After the beginning of the fiscal year and before the an- 
nual appropriation ordinance has been passed, the Council, 
upon recommendation in writing of the City Manager, may 
make appropriations for the current expenses of the city 
chargeable to the appropriation of the year when passed, to an 
amount sufficient to cover the necessary expenses of the various 
departments, offices or boards until the annual appropriation 
ordinance is in effect. No other liability shall be incurred by 
any officer or employe of the city except in accordance with the 
provisions of the annual appropriation ordinance, or Specie 
provisions of this charter. 


Upon written recommendation of the City Manager, the 
Council may at any time transfer an unencumbered balance of 
an appropriation made for the use of one department or pur- 
pose to another department or purpose; but no such transfer 
shall be made of appropriations or balance for educational pur- 
poses, or the revenue or earnings of any non-tax-supported pub- 
lic utility. If at any time the total accruing revenue of the 
city shall be in excess of the total estimated income thereof, as 
set forth in the annual budget estimate in compliance with sub- 
section 6 and 7 of this section, the Council may from time to 
time appropriate such excess to such uses as will not conflict 
with any uses for which specifically such revenues accrued. 


APPROPRIATIONS OF MONEY 


Sec. 27. Be wt further enacted, That no money shall be 
28 


drawn from the city treasury, nor shall any obligation for the 
expenditure of money be incurred, except in pursuance of ap- 
propriations made by the Council; and whenever an appropria- 
tion is so made, the Recorder shall forthwith give notice to the 
Director of Finance. At the close of each fiscal year the un- 
encumbered balance of each appropriation shall revert to the 
fund from which it was appropriated, and shall be subject to 
future appropriation; but appropriations may be made in fur-’ 
therance of improvements or other objects of work of the city 
which will not be completed within the current year. 7 


Accounts shall be kept for each item of appropriation mad? 
by the Council and every warrant on the Treasury shall state 
specifically against which of such items the warrant or voucher 
is drawn. Each such account shall show in detail the amount 
appropriated thereto by the Council, the amount drawn there- 
on, the unpaid obligations charged against it, and the unencum- 
bered balance to the credit thereof. 


No elaim against the city shall be paid unless it be evidenced 
by a voucher approved by the head of the department or office 
for which the indebtedness was incurred; and each such direec- 
tor or officer and his surety shall be liable to the city for all 
loss or damage sustained by the city by reason of his negligent 
or corrupt approval of such claim. The Director of Finance 
shall examine all payrolls, invoices and other claims and de- 
mands against the city, and shall issue no warrant for payment 
unless he finds that the claim is in proper form, and correctly 
computed and duly approved; that it is justly and legally due 
and payable; that an appropriation has been made therefor 
which has not been exhausted, or that the payment has been 
otherwise legally authorized; and that there is money in the 
City Treasury to make the payment. He may investigate any 
claim, and for that purpose may summon before him any of- 
ficer, agent or employe of any department, any claimant or 
other person, and examine him upon oath or affirmation rela- 
tive thereto, which oath or affirmation he may administer. 

If the Director of Finance issue a warrant contrary to ihe 
provisions of this section, he and his sureties shall be liable to 
the city for the amount thereof. 


CERTIFICATION OF FUNDS 


Sec. 28. Be it further enacted, That no contract, agree- 
ment, or other obligation involving the expenditure of money 
shall be entered into, nor shall any ordinance, resolution or 
order for the expenditure of money be passed by the Council, 
or be authorized by any officer of the city, unless the Director 
of Finance first certify to the Council or such officer, as the 
ease may be, that the money for such contract, agreement, ob- 


29 


ligation or expenditure is in the treasury to the eredit of the 
fund from which it is to be drawn, and not appropriated for 
any other purpose, which certificate shall be filed and imme- 
diately recorded. The sum so certified shall not thereafter be 
considered unappropriated until the city is discharged from 
the contract, agreement or obligation. 


All moneys actually in the treasury to the credit of the fund 
from which they are to be drawn, and all moneys applicable to 
the payment of the obligation or appropriation involved that 
are anticipated to come into the treasury before the maturity of 
such contract, agreement or obligation, from taxes or assess- 
ments, or from the sales of service, products or by-products, or 
from any city undertaking, fees, charges, accounts and notes 
receivable, or other eredits in process of collection; and alk 
moneys applicable to the payment of such obligation or appro- 
priation which are to be paid into the treasury prior to the ma- 
turity thereof arising from the sale or lease of Iands or other 
property, and money to be derived from lawfully authorized 
bonds sold and in process of delivery shall, for the purpose of 
such certificate, be deemed in the treasury to the eredit of the 
appropriation fund, and subject to such certification. 


Sec. 29. Be at further enacted, That all contracts, agree- 
ments or other obligations entered into, all ordinanees passed, 
and resolutions and orders adopted contrary to the provisions in 
the preceding sections relative to the appropriations and ex- 
penditures, shall be void, and no person whatever shall have 
any claim or demand against the city thereunder. Nor shall 
the Council or any officer of the city waive or qualify the limits 
fixed by any ordinance, resolution or order as provided in this 
Act, or fasten upon the eity any lability whatever in excess of 
such limits or relieve any party from an exact compliance with 
his contract under sueh ordinanee, resolution or order. 


AUDIT OF BOOKS 


Sec. 30. Be it further enacted, That the Council shall 
cause a continuous audit to be made of the books of accounts, 
records and transactions of all departments, boards and officers ' 
of the city. Such audits during each fiscal year shall be made 
by an individual or firm of certified public accountants hold- 
ing a certificate of competency from the Tennessee State Board 
of Accountancy, or its successors, or by a State maintaining an 
equal standard of professional requirements. Such auditor or 
auditors shall include in their report a statement showing a 
balance sheet exhibiting the assets and liabilities of the city, 
supported by departmental schedules, and schedules for each 
utility publicly owned and operated; summaries of income and 
expenditures, and also comparisons in proper classification, 


30 


with the last previous year, and such other information as the 
Council may require. 


DEPARTMENT OF LAW 


Sec. 31. Be it further enacted, That the Director of the 
Department of Law shall also be known as the City Attorney, 
and shall be an attorney-at-law admitted to practice in the 
State of Tenhessee. 


(1) (He shall be the legal adviser and attorney for the 
eity, and for all officers and departments thereof in matters re- 
lating to their official duties. He shall prosecute and defend 
all suits for and in behalf of the city, and shall prepare all con 
tracts, bonds and instruments in writing in which the city is 
concerned, and shall endorse on such his approval of the form 
and correctness thereof, 


. (2) He shall, when required by ordinance of the Council, 
or request of the City Manager, be prosecuting attorney of the 
municipal court. He shall have such number of assistants as 
the Council by ordinance may authorize. 


(3) When required so te do by ordinance or resolution of 
the Council, the City Attorney shall prosecute or defend for 
and in behalf. of the city, all complaints, suits and controversies 
in which the city is a party; and such other suits, matters and 
controversies as he shall by resolution or ordinance be directed 
by the Council to prosecute or defend. 


(4) The Council, the City Manager, the Director of any 
department or any officer or board not included within the de- 
partment, may require an opinion of the City Attorney upon 
any question of law involving their respective powers or duties. 


(5) The City Attorney shall apply in the name of the city 
to a court of competent jurisdiction for, an order of injunction 
to restrain any misapplication of the funds of the city, or the 
abuse of its corporate powers, or the execution or performance 
of any contract made in behalf of the city in contravention of 
‘law, or which was procured by fraud or corruption. 


(6) When an obligation or contract made on behalf of the 
city granting a right or easement, or creating a public duty, is 
being evaded or violated, the City Attorney shall likewise ap- 
ply for the forfeiture, or the specific performance thereof, as 
the nature of the case requires. 


(7) In case any officer or Board fails to perform any duty 
required by law, the City Attorney shall apply to a court of 
- eompetent jurisdiction for a writ of mandamus or other legal 
remedy to compel the performance of such duty. 


31 


(8) In addition to the duties imposed upon the City At- 
torney by this charter, or required of him by ordinance, he 
shall perform the duties imposed upon City Attorneys by any 
general laws of this State beyond the competence of this char- 
ter to alter or require. 


DEPARTMENT OF PUBLIC SERVICE 


Sec. 32. Be it further enacted, That subject to the super- 
vision and control of the City Manager in all things, the Direc- 
tor of Public Service 


(1) Shall have charge of the construction, improvement, 
repair and maintenance of streets, sidewalks, alleys, lanes, 
bridges, viaduets, and any other public highways; or sewers, 
drains, ditches, culverts, canals, streams and water course; of 
all public buildings, except hospitals, schools and school prop- 
erty ; of boulevards, squares and other public places and grounds 
belonging to the city or dedicated to the panne use, except 
parks and playgrounds, . 


(2) Shall manage market houses, water plants, sewage dis- 
posal plant, and all municipally operated public utilities. He 
shall have charge of the enforcement of all obligations of pri- 
vately owned or operated public utilities enforcible by the city. 


(3) He shall have charge of the making and preservation 
of all surveys, maps, plans, drawings and estimates of such pub- 
lic works; the cleaning, sprinkling and lighting of streets and 
public places; the collection and disposal of waste, the preser- 
vation of contracts, papers, drawings, tools and appliances, and 
buildings belonging to the city and placed under his supervis- 
ion. , 


(4) The City Engineer shall be immediately under the di- 
rection of the Director of Public Service, and shall perform 


such duties as shall be delegated to him by the Director of Pub- - 


lic Service, or required by ordinance of the Council. 


The Director of Publie Service shall have such assistants 
as the Council, by ordinanee, may decide. 


The Director of Public Service shall perform such other 
duties as may be required by ordinance of the Council. 


DEPARTMENT OF PUBLIC WELFARE 


Sec. 33. Be wt further enacted, That subject to the super- . 


vision and control of the City Manager in all matters, the Diree- 
tor of Public Welfare 


(1) Shall manage and control the operation of all hospi- . 


tals, charitable, correctional and reformatory institutions and 
32 


. 


agencies belonging to the city; the use of all recreational facili- 
ties of the city, including parks, playgrounds, and community 
centers; he shall have charge of the inspection and supervision 
of all public amusements and entertainments. 


(2) He shall enforce all laws, ordinances and regulations 
relative to the preservation and promotion of the public health, 
the prevention and restriction of disease, the prevention, abate- 
ment and suppression of nuisances, and the sanitary inspection 
and supervision of the preduction, transportation, storage and 
sale of food and foodstuffs. He shall cause a complete and ac- 
curate system of vital statistics to be kept. In time of epi- 
demics, or threatened epidemics, he may enforce such quaran- 
tine and isolation regulations as are appropriate to the emer- 
gency. iHe shall provide for the study of and research into 
the causes of poverty, delinquency, crime and disease, and other 
social problems in the community; and shall by lectures and ex- 
hibits promote the education and understanding of the commun- 
ity in those matters which affect the public welfare. 


The Director of Public Welfare shall perform such other 
duties as may be required by ordinance of the Council. 


Sec. 34. Be rt further enacted, That the Health Officer of 
the city shall be under the direction and control of the Director 
of Public Welfare, and shall enforce all ordinances and laws 
relating to health, and shall perform all duties and have all 
power provided by the general law relative to the public health 
to be exercised in all municipalities by Health Officers; pro- 
vided, that the regulations affecting the public health addition- 
al to those established by law for the violation of which penal- 
ties are imposed, shall be imposed by the Council and enforced 
as provided herein. He shall be a Doctor of Medicine, licensed 
to practice under the laws of the State of Tennessee, or hold a 
degree of Doctor of Public Health conferred upon him by a 
recognized institution. 


DEPARTMENT OF PUBLIC SAFETY 


Sec. 35. Be it further enacted, That subject to the super- 
vision and control of the City Manager in all matters, the Di- 
rector of Public Safety 


(1) Shall be the- executive head of the Division of Fire 
and Police. He shall also be the chief administrative officer 
and authority in all matters affecting the inspection and regu- 
lation of the erection, maintenance, repair and occupancy of 
buildings, which may be ordained by the Council, or established 
by the general law of the State. He shall also be charged with 
the enforcement of all laws and ordinances relating to weights 
and measures. 


33 


(2) The Director of Publie Safety shall perform such 
other duties as may be required by ordinance of the Council. 

Sec. 36. Be it further enacted, That the police shall pos- 
sess all the common law and statutory power of constables( ex- 
cept the service of civil process), and warrants for the arrest 
of any person issued by the officer holding the City Court, may 
be executed by any member of the police foree. 


Sec. 37. Be it further enacted, That it is hereby made the 
duty of the police force at all times of the day and night, and 
the members thereof are accordingly appointed, to preserve the 
public peace, prevent crime, detect and arrest offenders, sup- 
press riots, protect the rights of persons and property, guard. 
the public health, preserve order at elections, see that nuisances 
are abated, suppress and restrain disorderly houses, houses of 
ill fame and gambling houses, to assist, advise and protect 
strangers and travelers, in public streets or at steamboat land- 
ings, or at railroad stations; enforce every law relating to the 
suppression and punishment of crime, or to the public health, 
or to disorderly persons; or to any ordinance or resolution of 
the Council in relation to police, health, or criminal procedure. 
That the several members of the police force shall have power 
and authority to immediately arrest without warrant and to— 
take into custody any person who shall commit, or threaten, or 
attempt to commit, in the presence of such members, or within 
his view, any breach of the peace or offense directly prohibited 
by Act of the Legislature or by law or ordinance, but such mem- 
ber of the police foree shall immediately and without delay, 
upon such arrest, cause such offender to be conveyed before the 
proper officers, in order that he may be dealt with according 
to law, and have a speedy trial, and the officer making such ar- 
rest shall, without delay, report the arrest, and the cause there- 
of, to his superior officer. 


REFERENDUM OF ORDINANCES 


Sec. 38. Be tt further enacted, That no ordinance passed 
by the Council, except when otherwise required by the general 
laws of the State, or by provision of this Act, except an ordi- 
nance for the immediate preservation of the public peace, health 
or safety, which contains a statement of its urgency and is 
passed by a vote of eight members of the Council, shall go into 
effect before seventeen days of the time of its final passage, 
and if during said seventeen days a petition signed by electors 
of the city equal in number to at least twenty-five per centum 
of the entire vote cast for all candidates for City Judge at the 
last preceding general election at which he was to be elected, 
protesting against the passage of such ordinance, be presented 
to the Council, the same shall thereupon be suspended from go- 


o4 


ing into operation and it shall be the duty of the Council to re- 
consider such ordinance, and if the same is not entirely repeal- 
ed the Council shall submit the ordinance, as provided for by 
Section 100 of this Act, to the vote of the electors of the city 
either at the general election or at special municipal election to 
be called for that purpose, and such ordinance shall not go into 
effect or become operative unless a majority of the qualified 
-voters voting on the same shall vote in favor thereof. Said pe- 
tition shall be in all respects in accordance with the provisions 
of Section 101 hereof, except as to the percentage of signers, 
and be examined and certified by the Election Commissioners 
of Knox County accordingly. In all cases provided for in this 
Charter requiring a percentage of the total vote cast for City 
Judge at the last general election, such percentage shall in no 
case be less than three thousand; in the event such percentage 
should be less than three thousand, then three thousand shall be 
the minimum required. 


BOARD OF EDUCATION 


Sec. 39. Be rt further enacted, That except as otherwise 
provided in this Act and in general law, the school system of 
the city shall be under the direction and supervision of a Board 
of Edueation to be elected in the manner hereinafter provided. 

The members of the Board of Education shall be nominated 


from among the entire electorate of the city in the same manner 
as Councilmen-at-large are nominated; and the election for 
members of said Board shall be held at the regular municipal 
election. 


At the first election held under the provisions of this sec- 
tion the two candidates receiving the highest number of votes 
shall be declared elected to serve for a period of four years, and 
the three receiving the next highest number of votes shall be de- 
elared elected for a period of two years, and until their succes- 
sors are elected and have qualified. At the next succeeding 
regular municipal election three members shall be elected to the 
Board of Education, and thereafter alternately two and three 
members, respectively, shall be elected, except as otherwise pro- 
vided herein. . 


Any electors having the same qualifications as those pre- 
seribed herein for Councilmen shall be eligible to election as a 
member of the Board of Education. 


POWERS OF THE BOARD OF EDUCATION 


Sec. 40. Be it further enacted, That except as otherwise 
provided in this charter or by general law or by ordinance, the 
Board of Edueation shall have full power and control of all 


39 


matters pertaining to the conduct of public schools within the | 


city, and shall exercise such other powers and perform sucli 
other duties with respect thereto as may be imposed upon them 
by law, or by ordinance of the Council. Said Board shall make, 
establish and enforce all necessary and proper rules for the 
election of its officers, for the government of the Board, and 


for the government and progress of the schools; it shall elect, - 


appoint and fix the duties and compensation of such officers, 
teachers and other employes as it may deem necessary, and such 
officers, teachers and employes shall be removable at the will 
and pleasure of the Board of Education. The Board of 
Education may permit any or all pupils outside of the corpor- 
ate limits of the City of Knoxville, and living within two miles 
of the school, to attend the nearest adjoining City School to 
their place of residence. 


Sec. 41. Be it further enacted, That it shall be the duty of 
the Board of Education of the City of Knoxville to install and 
establish for the public schools of said city a system whereby 
text books for the use of all pupils, except High School pupils, 
in said publie school of said city shall be provided by the Board 
of Education, and shall be furnished free of charge to all of 
the pupils attending the public schools of said city, except High 
School pupils; provided all such books shall be selected from 
the State adopted books. 


Sec. 42. Be it further enacted, That the Board of dten: 


tion may by an affirmative vote of four-fifths of the members: 


elected, remove any member of its body for misconduct, mal- 
feasanee, or for any other just and sufficient cause, but not 
until the members charged with misconduct or malfeasance shall 
have had full opportunity to be heard in his defense. 


Vacancies occurring in the Board of Education by reason 
of death, resignation or removal shall be filled by the Board, 
and the person elected to fill such vacancy shall serve until the 
next election for members of the Board of Edueation, at which 
time a successor shall be elected to fill out the unexpired time 
of the member by reason of whose death, resignation or re- 
moval the vacaney occurred. 


In the same manner prescribed in this charter for the prep- 
aration of budget estimates by the general administrative de- 
partments of the city, the Board of Edueation shall prepare and 
submit a budget estimate to the Council through the City Man- 
ager. After the submission of the annual budget estimate to 
the Council, said Council may appoint a time and place where 
it will meet the said Board of Education and discuss the school 
budget. 


The Council shall assess, levy and collect, annually, exclus- 


36 


ively for school purposes, a school tax of not less than forty 
cents on each One Httndred Dollars of all taxable property 
within the corporate limits of the city. 


SCHOOL PLANS AND SITES 


Sec. 43. Be it further enacted, That in all matters involv- 
ing the collection or expenditure of moneys, or. the creation of 
debt or liability, the Board of Education shall be subject to the 
same rules, restrictions and penalties imposed upon the Depart- 
ment of Puble Welfare by this Act, or by ordinance; the Board 
of Education shall have the right both of initiation and final 
approval of the sites, plans and specifications for all schoo! 
buildings. The Council, however, shall have the right to reject 
any and all recommendations of the Board of Education as to 
sites, plans and specifications, but no school building shall be 
erected on any site unless the Board of Education shall by a 
majority vote at a regular meeting approve such site, plan and 
specifications, and thereafter no change can be made in said 
site, plans and specifications unless approved by the Board of 
Edueation. 


The Board of Education shall render to the Council an- 
nually a full and complete report of the operations of the schools 
and at more frequent intervals such reports as may be required 
by either the City Manager or the Council. 


TEACHERS’ PENSIONS 


Sec. 44. Be wt further enacted, That any teacher or em- 
ployee of the Board of Education who shall have so served the 
City of Knoxville and any of its predecessors for twenty-five 
years, whether continuously or in the aggregate, may file his 
written application for retirement, or the Superintendent of 
the City Schools may file such application, before the Board of 
Edueation of said city, and said teacher or employee may be 
retired from the position which he holds, provided he be sixty 
years of age and is incapacitated for service; and such teacher 
or employee of the Board of Education shall thereafter be paid 
by the City of Knoxville one-half of the amount which he re. 
ceived for the school year while in the employment of the Board 
of Edueation at the time of his application, which payment 
shall be made to such teacher or employee in twelve monthly in- 
stallments; provided, however, that said teacher or employee 
thus retired may be recalled at any time for such temporary 
service as he may be able to perform in times of emergency, or 
for physical examination, under such rules and regulations as 
the Board of Education may prescribe. 


If said teacher or other employee shall have been previously 
reduced to a lower salary and position on account of disability, 


37 


said teacher or employee shall be paid one-half of the salary re- 
ceived at the time of such reduction. In the event any teacher 
or employee shall become disabled through disease, or otherwise 
than through an injury reeeived in Hne of duty, and has reached 
the age of sixty years, and shall have been in the employ of the 
Board of Education for five, full, separate years, but has not 
served the Board as hereinbefore set out, for twenty-five years, 
such teachers or employees may be retired and shall be paid 
such proportionate part of one-half of his full salary as the 
number of years such teacher or employee has served bears to. 
twenty-five years. 


Whenever a teacher or employee of the Board of Education: 
shall become so permanently disabled through injury received 
in line of duty as to be retired from service he shall receive re- 
lief from the funds of the Board of Education in the amount 
of one-half of the salary which he received in such employment, 
which shall be ordered paid by the Board of Education. When 
so retired from serviee said Board of Education shall receive 
the application of such teacher or employee for retirement, or 
the application of the superintendent of schools seeking to re- 
tire the teacher or employee, notifying the teacher or employee 
to appear before the Board, hear the evidence in connection 
with the application, be the exclusive judges of its sufficiency 
for retirement and where the applicant is physically unfit to 
perform the duties of his office, or position, or any other office, 
position or work, the Board in its discretion may order that he 
be retired or retained on the active list. If he be retired there 
shall be entered upon the minutes of the Board the date of his 
election, his age, his record of service and other information 
with reference to his retirement and the amount of half of said 
salary which shall be ordered paid to him monthly out of the 
proper funds. ~ 


That nothing herein shall affect the amount received by any 
teacher or employee who now receives a bonus or pension under 
existing laws, it being the intention not to in any way increase 
or diminish the bonus or pension now being received by any 
teacher or employee of the Board of Education, provided that 
the maximum salary of any teacher shall be inclusive of the 
bonus they are now receiving. . 3 


LIBRARIES 


Sec 45. Be tt further enacted, That all libraries belonging 
to the city or in any way supported by tax funds collected by 
the city shall be under the direction and control of the Board 
of Library Trustees. Said Board shall be appointed by the 
Council, and shall consist of nine persons, who shall be electors 
of the city, and not more than six of the members of the Board 


38 


shall be of the same sex. Beginning with the expiration of the 
present term of said Board of Library Trustees the Council shall 
appoint three members of said Board to serve for a period of one 
year each, three for a period of two years, and three for a period 
of three years. Thereafter three members of said Board shall 
be annually appointed to serve for three years and until their 
suecessors are appointed and qualified. The Council shall fill 
any vacaney occurring in the Board of Library Trustees, and 
may remove any of the members of said Board for misconduct 
or malfeasance. The Board of Library Trustees shall serve 
without compensation. 


The said Board of. Library Trustees is hereby empowered 
to appoint a Librarian and such assistants as they may deem 
necessary, to fix the terms of employment and compensation of 
such employes, who shall be removable at the pleasure of the 
Board. Said Board shall have full power and authority to ad- 
minister the affairs of the libraries, to make rules and regula- 
tions governing the same, and, to extend the library service to 
communities outside the corporate limits. The Board of Li- 
brary Trustees shall prepare the annual budget for library ex- 
penditures in the same manner provided in this Act for the 
preparation of the budget for the Department of Public Wel- 
fare, and shall submit to the Council and to the City Manager 
such reports as may be required of it; and may make such rec-. 
ommendations as it may deem necessary. Purchases for said li- 
braries shall be made in the regular manner through the City 
Purchasing Agent upon requisition. In all fiscal matters said 
Board shall be subject to the supervision, direction and control 
of the Director of Finance. 


The Council shall assess, levy and collect annually a library 
tax of not less than two cents on each One Hundred Dollars of 
taxable property in the city, and the total amount so collected 
shall be used.exclusively for the support and maintenance of 
libraries, but this section shall not operate to prevent or re- 
strict said Council from appropriating an amount in excess of 
such tax levy collected for library purposes. 


JUVENILE COURT 


Sec. 46. Be it further enacted, That Chapter 40 of the Pri- 
vate Acts of the General Assembly of the State of Tennessee for 
the year 1919, providing a manner for the payment of the pro- . 
bation officers and the expenses of the Juvenile Court of Knox 
County, and also Chapter 387 of the Private Acts of the Gen- 
eral Assembly of the State of Tennessee for the year 1919, being 
an Act to create and maintain a detention home for juvenile de 


39 


linquents of Knoxville and Knox County, TEES shall re- 
main in full force and effect. 


REFERENDUM OF BONDS 


Sec. 47. Be it further enacted, That in any election held 
under the provisions of this charter wherein there is submitted 
to the qualified voters the question of the ratification of any 
ordinance of said city under the provisions of this charter to 
determine whether or not said eity shall issue bonds, it shall not 
be necessary, in case of ordinances providing for the issuance 
of any bonds, to submit to the voters any other question than 
the maximum amount and the purpose or purposes of the bonds 
proposed to be issued under said ordinance, and in the ease of 
other ordinances required to be submitted to the qualified vot- 
ers touching any other matters than the issuance of bonds, it 
shall not be necessary to print the entire ordinance upon the 
ballot; but it shall be necessary to submit to the voters the ques- 
tion of the ratification of said ordinance, with a brief statement 
of the purpose of the same, and the date of its enactment by the 
Council; and the ordinance itself may provide for the form of 
its submission on the ballot. 

For the payment of any bonds and interest thereon issued 
under the authority of any referendum, the Council is hereby 
authorized and directed to levy sufficient taxes upon all the 


taxable property within the City of Knoxville, over and above 
all other taxes authorized or limited by law, for the payment ~ 


thereof. 


Sec. 48. Be it further enacted, (a) That, whereas, the 
present outstanding bonded indebtedness of the City of Knox. 
ville as of June 15, 1923, is as follows: 


Date of Inter- 

Issue Maturity Amount est Purpose 

April 1, 1897-April 1, 1927__-$ 20,000 5 % Market. and School 

June 1, 1899-June 1, 1929____ 30,000 4 9% Hospital - 

June 1, 1893-June 1, 1928____ 37,000 5 % West Knoxville sew- 
er and bridge 

Dec.~ 2, 1907-Dec,-2, 19s ho ase 165,000 4%% Street and Fire Dept. 

Dec... 2,.1907-Dec; 271937225 15,000 41%% Sewers 

June 1, 1899-June 1, 1929__-._ 100,000 4 % Fund Floating Debt 

April 1, 1909-April 1, 1939_-_ 150,000 4149 High School 

April 1, 1909-April 1, 1939___ 50,000 4%% Asylum Ave. Viaduct 

June 1, 1909-June 1, 1939____ 35,000 5 % Street widening 

May 1, 1910-May 1, 1940_--._ 275,000 5 %. Refunding Knoxville 


Southern Ry bonds 
June 15, 1912-June 15, 1924__ 125,000 41%49% Third Creek Sewer 


June 15, 1912-June 15, 1924__ 15,000 5 9% Jackson Ave. exten- 
sion 
July 1; 1915-July 1229452 26,000 5 % Refunding 
April 1, 1916-April 1, 1946___ 50,000 5 % Parks & playgrounds 
July}, 19 iui ets ee 95,000 5 % Refunding 
July 1, 1917-July 1, 1947____- 150,000 5 % Viaducts 
40 


a 


ji 


M 


Date of Inter- 


“Issue Maturity Amount est Purpose 
Sept. 1, 1908-Sept. 1, 1938-_-__ 105,000 5 % Park City General 
. Improvement Bonds 

July 1;.1909-July 1, 1929--... 20,000 5 % Park City Improve- 
ment Bonds 

May 1,°19l1-May 1, ~1941.>.- 25,000 5 % Park City Improve- 
ment Bonds 

May 1, 1913-May 1, 1923_-_- 18,000 6 % Park City Improve- 
ment Bonds 

April 1, 19138-April 1, 1925 __- 25,000 6 % Park City Improve- 
ment Bonds 

mury. 4,219 h0-J uly» 1,* 1925202 18,000 6 % Park City School 
Bonds 

July 1, 1916-July 1; 1936. ..- 25,000 6°% Park City School 
Bonds 

Jar... 1:' 4910-Jane- 7.194022. 20,000 544% Mountain View Im- 
provement Bonds 

May 1, 1911-May 1, 1941__.- 10,000 5%% Mountain View St. 


Improvement B’ds 
May 20, 1910-May 20, 1940_.. 30,000 549% Lonsdale Street, 
School & General 
Improvem’t Bonds 


Noy. 20, 1913-No. 20, 1943___ 20,000 6 % Lonsdale Funding 
Bonds 
No. 20, 1915-No. 20, 1945--__ 12,000 5%% Lonsdale Funding 
Bonds 
.No. 20, 1915-No. 20, 1945_-_ 18,000 5%% Lonsdale St. Bonds 
' Sept. 1, 1920-Sept. 1, 1950___ 2,000,000 5 % Funding floating debt 
Sept. 1, 1921-Sept. 1, 1941--_ 500,000 6 % Refunding Gen. Im- 
provement Bonds 
Mawr LGPae os. eee oe ee 150,000 4%% Waterworks Bonds 
36S eh OT Wi ae eR Sl i 611,000 414%49 Waterworks Refund- 
ing Bonds 
0 a Beg? 85 Ie ae sea 225,000 44%% Waterworks Imp. 
Bonds 
OT a Oi FE I i a 487,000 6 % Waterworks Ref. 
Bonds 
Dec. 1, 1921-Dec. 1, 1951__~_ 75,000 6 % S. Knoxville Sewer 
Bonds 
Aug. 1, 1921-Aug. 1, 1951__-- 75,000 5 9% Incinerator Bonds 
June 1, 1921-June 1, 1951__-_ 50,000 6 % Col. Park Bonds 
$5,857,000 


(b) That the Council shall have authority, and is author. 
ized and empowered to issue and sell bonds of the City of Knox- 
ville to refund any of the above listed bonds which may fall due 
and to retire which the city shall not have funds at the time of 
the maturity thereof, and any other outstanding legal bond is- 
sues. Said refunding bonds may be appropriately designated 
by the Council of the City of Knoxville so as to indidate the 
kind or class of improvement or improvements for which the 
money has been originally expended, and shall bear interest at 
not exceeding six per centum per annum, and the principal and 
interest thereof may be made payable in such medium and at 
such place or places as the Council of said city may determine. 


41 


Said refunding bonds may be made registerable as to prin- 
cipal alone ,or as to both principal and interest, under such con- 
ditions as the Council of said city may determine. Said refund- 
ing bonds and the coupons attached thereto shall be executed 
and sold as the Council of the city may determine, but no sale 
thereof shall be made for less than par and accrued interest, 
unless the bonds sold bear interest at a lower rate than five and 
one-half (544%) per cent per annum, and in such eases thev 
shall not be sold for a price lower than that upon which the re. 
turn to the purchaser, computed from standard tables of bond 
values, is more than five and one-half (514%) per centum per 
annum. 3 


Said refunding bonds shall mature in annual installments 
beginning not more than three (3) years from their date and 
ending not more than twenty-five (25) years from their date, 
and no installment, when added to the interest to be paid in the 
same year upon all of the bonds which may then be outstanding 
of that issue, shall exceed by more than Five Thousand Dollars 
the amount of any prior installment of principal, added to the 
amount of interest payable in the year in which such last men- 
tioned installment matures. 


It shall be the duty of the Council of said City to levy an- 
oually on all taxable property within the city a tax over and 
above all other taxes authorized or limited by law sufficient to 
pay the principal and interest of said bonds maturing in the 
following years. 


The Council of said city shall have full authority to carry 
out the powers conferred by this section of this charter without 
submitting to electors or taxpayers the question of issuing such 
cefunding bonds, or an ordinance or resolution authorizing the 
same; and if such bonds shall be authorized by a resolution, 
such resolution may be finaJiy passed at any regular meeting 
held not earlier than four days after its introduction and first 
reading, and shall be in foree from and after its final passage. 

The ordinance or resolution authorizing the issuance of any 
refunding bonds under this section of this charter shall fully 
state the purpose of said bonds, the amount thereof, the date the 
bonds are to bear, the maturity date thereof, and the interest 
rate, and any other matters deemed proper by the Council. 


SERIAL BONDS REQUIRED 


Sec. 49. Be wt further enacted, That hereafter no term 
bonds shall be issued by the City of Knoxville, but all bonds is- 
sued after this Act takes effect shali be serial bonds, so as to 
mature a stated or given portion of any issue of bonds annually, 
beginning as soon as deemed expedient by the Council, and 


42 


thereafter annual maturity dates shall be ‘provided for the ma- 
turing of such portion of said bonds as may be deemed proper 
by the Council, it being the intention of this provision to change 
the method of financing for the City of Knoxville so as not to 
have any very large amount of bonds maturing in any given 
year, and so as to permit the paying off each year of as much 
of the bonded indebtedness after this charter becomes fully 
operative as can possibly be paid off and discharged. 


This provision of the charter shall, however, not affect any 
bonds issued under the section hereof relating to abutting prop 
erty or paving bonds; or under the sections relating to revenue 
bonds, revenue refunding bonds, or temporary bonds, all of 
which provisions in regard to such designated bonds being un- 
affected by this section of the charter. 


REVENUE BONDS AND REVENUE REFUNDING BONDS 


Sec, 50. Be it further enacted, That the Council of the 
City of Knoxville, by resolution, may issue from time to time 
revenue bonds of the city, and bearing interest at not more than 
six (6%) per centum per annum, which interest shall be pay- 
able at the time of issuance of said bonds or thereafter, for the 
purpose of providing funds in anticipation of current revenues, 
and said Council may issue revenue refunding bonds, with like 
limitations as to interest, when deemed necessary to provide for 
the payment of any such revenue bonds or revenue refunding 
bonds at their maturity; no such revenue bonds or revenue re- 
funding bonds shall mature later than the close of the fiscal 
year in which the same are issued, except that revenue refund- 
ing bonds issued in the last three (3) months of any fiscal year 
may mature either in said fiscal year or at any time in the en- 
suing fiscal year; before the passage of any resolution author- 
izing revenue bonds, the City Manager shall submit to the 
Council a statement showing: 


(a) The amount of uncollected taxes and revenues of the 
preceding fiscal year; 


(b) The amount of uncollected taxes for the current fiscal 
year, if theretofore levied, but otherwise the amount of the tax 
levy for the preceding fiscal year, regardless of what part there- 
of shall have been collected ; 


(ec) The estimated amount of uncollected revenue for the 
current fiscal year, excepting taxes; 


(d) The amount of all taxes and revenues embraced in 
(a), (b) and (ec) above which are for sinking funds for the pay- 
ment of bonds maturing after the current fiscal year; and, 


(e) The face value of all bonds, notes, warrants, judg- 
45 


ments, decrees and other city obligations to pay money then out- 
standing or authorized which have no fixed time of payment, 
or which, by their terms, are payable within one year and three 
months from the date of their respective issuance. The sub- 
stance of such statement of the City Manager shall be recited 
in said resolution, and no revenue bonds shall therein be au- 
thorized whose face value, together with the amount of item 
(e) above, shall exceed seventy-five (75%) per centum of the 
remainder obtained by subtracting item (d) from the sums of 
items-(a), (b) and (e) above. 


Such revenue bonds and revenue refunding bonds shall be 
sold by the Council upon such terms as it may elect, but shall 
not be sold at less than par value, except by a vote of at least 
eight (8) members-elect of the Council, and then at a price of 
not less than $99.00 on $100.00, but said resolution may author- 
ize the Director of Finance to sell the bonds authorized by it 
at one time or from time to time, in his discretion, as he deems 
for the best interests of the city, but any such authority to the 
Director of Finance shall specify the maximum rate of interest 
and the minimum price for which they may be sold. The pro- 
ceeds of revenue bonds shall be paid into the treasury of the 
city to the eredit of any one or more of the funds for which the 
uncollected taxes and revenues anticipated are to be collected, 
in such amount and to such fund or funds as may be specified 
in such resolution, but the Council shall not appropriate any 
greater amount of such proceeds into any one fund than can 
reasonably be repaid therefrom to meet the payment of such 
bonds at their maturity; provided, however, that the validity 
of any such funds shall not be affected by a failure of the 
Council to comply with the last mentioned direction. The pro- 
ceeds of revenue refunding bonds shall be applied solely to the 
payment of the bonds for whose retirement they shall be issued. 
For the paycent of city revenue bonds and revenue refunding 
bonds and the interest thereon, at such place or places in Ten- 
nessee or elsewhere as may be designated by the Council, the 
Council is hereby authorized to levy sufficient taxes upon all 
the taxable property within the City of Knoxville over and 
above all other taxes authorized or limited by law, and said 
bonds shall be the absolute, direct and general obligation of 


said city. In each year, at the time of the annual tax levy, . 


there shall be ineluded therein a tax for the payment of the 
principal and interest of any revenue bonds which have matur- 


ed and remain unpaid and any revenue refunding bonds, wheth-. 


er matured or not. It shall be the duty of said city, after the 
‘authorization of any revenue or revenue refunding bonds, to 
reserve from the current revenues, as received, except revenues 
for sinking funds for bonds maturing after the current fiscal 
year, and revenue received for school and any special purpose, 


dt 


a sum sufficient to meet the payment of such bonds at maturity 


and the interest thereon. The issuance of any or all bonds au- 
thorized hereunder may be revoked by resolution of the Coun- 
cil, thereby reducing the amount of authorized bonds and pro- 
tanto reduemg the amount of current revenue which may be 
reserved for their payment. It shall not be necessary to sub- 
mit such bonds, or the ordinance or resolution authorizing the 
same, to a vote of the electors or taxpayers, and the resolution 
authorizing the same, to a vote of the electors or taxpayers, and 
the resolution authorizing the same may be finally passed at a 
regular meeting of the Council not earlier than four 4) days 
after its introduction and first reading, and shall be in force 
from and after its final passage. 


This section of the charter of the City of Knoxville shall not 
be affected in any way by any other of the provisions of said 
charter touching the issuance of bonds for any purpose or re- 
stricting or limiting the issuance thereof in any particular. 


PERMANENT IMPROVEMENT NOTES AND BONDS 


Sec. 51. Be wt further enacted, That m order to enable the 
City of Knoxville to secure funds for permanent public im- 
provements and property required from time to time, without 
being compelled to pay for such improvements and property 
from current expense funds, said city is hereby authorized to 
borrow in any fiscal year, at one time or from time to time, not 
exceeding Two Hundred Thousand ($200,000.00) Dollars for 
such improvements or property, and to issue notes for the same 
payable not more than five (5) years from their date, with such 
option or prior redemption, if any, as the Council may reserve, 
and bearing interest at not more than six (6%) per centum 
per annum, payable yearly or half yearly, or at the issuance of 
such notes. 3 


The Council may determine the form of such notes and the 
manner of execution thereof and may, if desired, attach inter- 
est coupons thereto, and the interest and principal may be pay- 
able at such place or places as the Council may determine. 

That the Council shall annually levy a sufficient tax for the 


- payment of the interest upon such notes, and shall at proper 


time or times levy a sufficient tax for the payment of the prin- 
cipal thereof, which taxes shall be over and above all other tax- 
es authorized or limited by law. 


In addition to the power herein given to the City to issue 
and sell bonds for the funding and paying of any such notes, 
the City is hereby authorized to issue new notes from time to 
time for the purpose of funding and paying any notes out- 
standing which shall have been issued under this section, in an 


45 


amount not greater than the face value of the notes so to be 
funded, such new notes to be payable not more than five (5) 
years from the date of the first notes issued for the indebted- 
ness represented by the notes funded, such new notes to be sub- 
ject in all other respects as to their issuance and the taxes au- 
thorized and required for their payment and their fundability 
into bonds as other notes authorized by this Section. 


The City of Knoxville is hereby authorized to issue and sell 
bonds from time to time for the purpose of funding and pay- 
ing any such notes at maturity, or at such time before maturity 
as they may be callable for payment, in an amount not greater 
than the face value of the notes so to be funded. 


Such bonds may be designated as Public Improvement Bonds 
or City Improvement Bonds, or may be given a designation in- 
dicative of the class of improvement for which the notes funded 
thereby were issued; and such bonds shall bear interest at not 


exceeding five and one-half (514%) per centum per annum and 


the principal and interest thereof may be made payable in such 
medium and at such place or places as the Council may deter- 
mine. 


Said bonds and coupons attached thereto shall be executed 
and sold as the Council may determine, but no such sale there- 
of shall be made for less than par and aeerued interest unless 
the bonds shall bear interest at a lower rate than five and one- 
half per centum per annum, and, in such ease, they shall not 
be sold for a price lower than that upon which the return to the 
purchaser, computed from standard tables of bond values, is 
more than five and one-half per centum per annum. 


Each issue of such bonds shall mature in annual installments 
beginning not more than three years from their date, and end- 
ing not later than the probable period of the usefulness of the 
improvements for which the notes so funded thereby were is- 
sued, as estimated by the Council, but such period may be com- 
puted by averaging the separate period of hfe for each improve- 
ment for which any such notes were issued, taking into consid: 
eration the amount of notes issued for each improvement. 


No installment of bonds of a single issue maturing in any 
one year, when added to the interest to be paid in the same 
year upon all of the bonds of said issue which may then be out- 
standing, shall exceed by more than Two Thousand ($2,000.00) 
Dollars the amount of any prior maturity installment of prin- 
cipal when added to the amount of interest payable in the year 
in which such last mentioned installment matures. No such 
bonds shall mature later than forty (40) years from their date. 
If any single issue of bonds hereunder shall be issued to fund 


46 


notes for different class of improvements or property, the earl 
iest maturing bonds of such issue shall be deemed issued to fund 
notes issued for the improvement of property having the short- 
est estimated peried of usefulness, and bonds of the next suc 
ceeding maturities shall be deemed issued to fund notes issued 
for the improvements of property having the next longer esti. 
mated period of usefulness, and so on. 


It shall be the duty of the Council to levy annually upon 
all taxable property within the city a tax, over and above all 
other taxes authorized or limited by law, sufficient to pay the 
principal and interest of such bonds maturing in the following 
year. 


The proceeds of bonds issued hereunder shall be used only 
for the payment of the notes for whose payment they are is- 
sued, or in exchange of such notes. 


The Council shall have full authority to carry out all pow- 
ers conferred by this section, without submitting to electors or 
taxpayers the question of issuing such notes or bonds, or the 
ordinance or resolution authorizing the same; and if such bonds 
shall be authorized by resolution, such resolution may be fin- 
ally passed at any regular meeting held not earlier than four 
(4) days after its introdoction and first reading, and shall be 
in force from and after its final passage, 


This section of this charter shall be effective without regard 
to other provisions of the charter governing bonds, and is not 
subject to the limitations and restrictions imposed as to any 
other bonds authorized to be issued hereunder by this charter. 


BONDS COVERING INDEBTEDNESS OF PREDECESSOR 
CORPORATION 


Sec. 52. Be it further enacted, That the Council of the 
**City of Knoxville’’ as created by this Act, is hereby author- 
ized to issue and sell interest-bearimg coupon bonds which shall 
be direct general obligations of the City of Knoxville, in an 


amount sufficient to pay the outstanding floating indebtedness, 


including bills payable, short term notes, certificates of indebt- 
edness, ete., of the former municipal corporation known as ‘‘The 


_ City of Knoxville,’’ the charter of which has been repealed by 


the present General Assembly of Tennessee, and is known as 
Chapter 207 of the Acts of Tennessee for 1907, as amended by 
Chapter 498 of the Private Acts of 1911, said bonds so author- 
ized to be in such amount as may be necessary to liquidate and 
pay all of the outstanding floating indebtedness of ‘‘The City 
of Knoxville,’’ the predecessor municipal corporation of the 
municipal corporation created by this charter. 


Said bonds may be designated as Public Improvement 
47 


Bonds, or City Improvement Bonds, or any portion thereof 
may be given a designation indicative of the improvement or 
class of improvements for which the money has been expended, 
and the bonds shall bear interest at not exceeding six (690) 


per centum per annum, and the principal and interest thereof 


may be made payable in sueh medium and at such place or 
places as the Council may determine. Said bonds may be made 
registerable as to principal alone, or as to both principal and in- 
terest, under such conditions as the Council may determine. 


Said bonds and coupons attached thereto shall be executed 
and sold as the Council may determine, but no sale thereof shall 
be made for less than par and accrued interest unless the bonds. 
sold bear interest at a lower rate than five and one-half (514% ) 
per centum per annum, and, in such ease, they shall not be sold 
for a price lower than that upon which the return to the pur- 
chaser, computed from standard tables of bond values, is more 
than five and one-half (516%) per centum per annum, . 


Said bonds shall mature in annual installments, beginning 
not more than three (3) years from their date, and ending not 
more than twenty-five (25) years from their date, and no in- 
stallments when added to the interest to be paid in the same 
year upon all of the bonds which may then be outstanding shall 
exceed by more than Five Thousand Dollars ($5,000.00) Dollars 
the amount of any prior installment of principal, added to the 
amount of interest payable in the year in which such last men- 
tioned installment matures. 


It shall be the duty of the Council to levy annually upon all 
taxable property within the city a tax over and above all other 
taxes authorized or limited by law, sufficient to pay the prin- 
cipal and interest of the bonds maturing the following year. 


The Council of said city shall have full authority to carry 
out all powers conferred by this charter without submitting to 
electors or taxpayers the question of issuing such bonds or the 
ordinance or resolution authorizing the same; and if such bonds 
shall be authorized by resolution, such resolution may be finally 
passed at any regular meeting of the Council not earlier than 
four (4) days after its introduction and first reading, and shall 
be in foree from and after its final passage. 


This section of this charter is declared to be separate and 
independent of all other sections hereto placing limitations or 
restrictions on the issuance of bonds, and shall have no further 
effect whatever except as to the authority to levy and collect 
the tax to retire said bonds, after the floating indebtedness of 
the predecessor corporation to the municipal corporation creat- 
ed by this charter has been liquidated and paid by the issuance 


48 


and sale of bonds; and the money realized from the sale of such 
bonds shall be applied solely and alone to the discharge and 
payment of said floating indebtedness of the prior municipal 
corporation. 


ALL BONDS NON-TAXABLE 


Sec. 53. Be it further enacted, That no bonds (including 
revenue bonds and revenue refunding bonds) issued under au- 
thority of this charter shall be subject to taxation by the State 
of Tennessee, or by any county or municipality thereof; and 
said bonds shall so state in the face thereof, unless and until the 
provisions of this section are changed by amendment hereof, or 
by provisions of the general laws of the State of Tennessee. 


CANCELLATION OF COUPONS AND BONDS 


Sec. 54. Be it further enacted, That whenever any bonds, 
interest, coupons or other written evidence of the city’s debt 
Shall be paid and discharged, they shall be cancelled by the Di- 
rector of Finance. Interest coupons and other evidence of debt 
shall be cancelled by stamping and punching immediately upon 
their redemption, and shall be exhibited to and verified by the 
Council at its next meeting, and shall then be filed by the Di- 
rector of Finance, and presented for examination at the time of 
the next audit of the Department of Finance. 


SINKING FUND BOARD 


Sec. 55. Be it further enacted, That the Council shall ap- 
propriate such part of the taxes levied and assessed upon the 
taxable property for each year a sum sufficient to create a sink- 
ing fund for the purpose of purchasing and paying the bonded 
indebtedness of the city as now existing, and that this fund 
created, shall be set apart and appropriated exclusively to this 
purpose, and shall not be diverted or used either in whole or in 
part to any other purpose. 


As this fund is created, appropriated and set aside, it shall 
be the duty of the proper authorities, upon collection, to place 
it exclusively under the control of the Sinking Fund Board, 
which shall have the direction, supervision and control in every 
way of the sinking fund for the purpose of retiring any bonds 
of the city required to be retired from the said sinking fund. 


Sec. 56. Be it further enacted, That the Sinking Fund 


Board shall be composed of the City Attorney, the Director of 


Finance, the City Manager, and two members chosen by the 
Council who shall serve without compensation, and whose terms 
shall be coincident with that of the Council. The Council shall 
select the two members above referred to from citizens of the 


49 


municipality recognized for their knowledge of and ability in 
handling transactions involving banking, bonding and invest- 
ment matters. 


All funds accruing to the sinking fund shall be invested in 
bonds of the United States, of the State of Tennessee, of the 
County of Knox, or other States, municipalities, or counties, or 
of bonds of the City of Knoxville, on the best obtainable terms. 
They may exchange any bonds belonging to the sinking fund 
for bonds of the City of Knoxville whenever such exchange may 
be advantageous to the city; they may sell the securities belong- 
ing to such sinking fund, or any part of them at any time, on 
the best obtainable terms. Such sale shall be reported to the 
Council at its next regular meeting. 


Immediately upon taking office and at their first meeting, 
they shall cause to have made up and transmitted to the Coun- 
cil a statement showing such funds and securities as have ac- 
cumulated for sinking fund purposes, together with an item- 
ized statement showing the amounts necessary to mature any 
and all sinking fund bonds, the same to be itemized by years; 
and it shall be their duty semi-annually thereafter to make such 
a report to the Council, which report shall be spread upon the 
minutes of the Council. 


If the amount of any sinking fund with the interest or reve 
nue thereof computed to the maturity of the city bonds be suf- 
ficient to pay at maturity all of the bonds for which it is held, 
the tax levy for such sinking fund may then be omitted, but if, 
by reason of decrease of interest, or depreciation of investment, 
or any other cause, said funds shall not be sufficient, the tax 
levy shall be resumed. 


Any moneys remaining in the sinking fund after payment 
of the entire bonded indebtedness for which it was accumulated, 
shall be paid into the general fund of the city. 


All records pertaining to the sinking fund shall be kept in 
the office of the Department of Finance, and the City Treas- 
urer shall have the custody of all funds and securities belong- 
ing to the sinking fund. 


PAVING LAW 


Sec. 57. This section repealed by Section 36, Chapter 348, 
Private Acts, 1925, which Act is known as Knoxville Local Im- 
provement Act. 


Src. 58. Be it further enacted, That the City of Knoxville 
shall no longer have any right, power or authority to pave 
streets under the Act of 1913, Chapter 18, of the First Extra 
Session of the General Assembly of the State of Tennessee here- 


50 


tofore applicable to the municipality of Park City, which was 
conferred upon the City of Knoxville by Chapter 97 of the Acts 


of 1917 of the General Assembly of the State of Ténnessee,, 


known as the Greater Knoxville Act, and said provisions of said 
general law, so far as they are applicable to the City of Knox 
ville, are hereby expressly repealed. 


SEWER, GAS AND WATER CONNECTIONS 


Sec. 59. Be it further enacted, That the Director of Pub- 
lie Service shall have authority to direct the making of public 
sewer, gas, water and other connections whenever in view of 
contemplated street improvements, or the sanitary regulations 
such connections should be made. (He shall cause written no. 
tice of his determination thereof to be given the owner of the 
property to be served by such connections, and such notice shalt 
be served in the manner provided for service of summons in 
civil actions, by a person designated by the Director of Publie 
Service or the City Manager. Non-residents of the city, or per- 
sons who cannot be found, may be served by one publication of 
such notice in a daily newspaper of general circulation in the 
city, and the notice shall state the time within which such con- 
nection shall be constructed. If they be not constructed with- 
in the said time, the work may be done by the city, and the cost 
thereof, together with a penalty of ten per cent assessed against 
the lot or parcel of land for which such connections are made. 
Such assessments shall constitute a hen upon the property 
for the benefit of which the connection has been made and shall 
be certified and collected in such manner as the Council by or 
dinance may provide. 


Sec. 60. Be it further enacted, That in the manner pre- 
seribed by ordinance of the Council, the city shall have the au- 
thority to compel the construction or repair of sidewalks with- 
in the city, and assess the cost and expense thereof upon the 
owner or owners of all the property abutting thereon, and such 
assessment shall be collected in such manner as the Council may 
prescribe. A penalty of ten per cent and interest at the rate 
of six per cent per annum shall be added for failure to pay 
such assessment at the time fixed by ordinance, 


The Council may at any time borrow money and authorize 
the issuance of notes therefor in anticipation of the collection 
. of assessments levied for the purpose of paying the costs of con- 
structing or repairing sidewalks which are to be, or have been 
eonstructed, by the Director of Public Service upon the failure 
of the owner of the property to construct or repair the same, 
pursuant to notice as provided hereinbefore. 


PUBLIC IMPROVEMENTS 
Sec. 61. Be it further enacted, That except as provided 
51 


Construct 
or repair 


sidewalks 


iJ i 
f 


otherwise by this Act or by general law, public improvements 
of all kinds may be made by the appropriate department, either 
by direct\employment of necessary labor and the purchase of 
necessary supplies and materials, with separate accounting as 
te. each improvement so made, or by contract duly let, after 
competitive bidding, either for a gross price or upon a unit 
basis for the improvement or by other act containing a guar- 
antee maximum, and stipulating that the city shall pay within 
such maximum the cost of labor and materials plus a fixed per- 
centage of profit to the contractor. Contracts may provide a 
bonus per day for completion of the contract prior to a specified 
date, and liquidated damages to the city to be exacted in like 
sum for every day of delay beyond a certified date. 


When it becomes necessary for the prosecution of any work 
or improvement under contract to make alterations and modifi- 
cations in such contract, such alterations and modifications 
shall be made only upon the written order of the Director of 
Publie Service, approved by the City Manager; and in the 
event the alterations, modifications or changes involve an ad- 
ditional expense to the city they shall be subject to the approval 
of the Council in regular meeting assembled. Before any order 
or modification shall be effective, the price to be paid therefor 
and the work or material, or both, to be done or furnished 
under the altered or modified contract, shall have been agreed 
upon in writing, and signed by the contractor and the City 
Manager. 

Sec. 62. Stricken out by Chapter 93, Acts of 1925. 

MUNICIPAL COURT 


Sec. 63. Be it further enacted, That there is hereby creat- 
ed a Municipal Court for the City of Knoxville, and there shall 
be a Judge of the Municipal Court of said city who shall be 
elected by the qualified voters of said city, and shall hold: office 
for a term of four years, and until a successor is elected and 
qualified. All candidates for Municipal Judge shall become 
eandidates in the same manner herein provided for the candi- 
dacy of persons desiring to run for Councilmen-at-large, and 
such candidates for Municipal Judge shall run in the primary 
as provided for candidates for Councilman, and the Municipal 
Judge shall be elected in the general election to be held after 
the primary, provided that no candidate for Municipal Judge 
has received a majority of all the votes cast in the primary. In 


the event any candidate in the primary received a majority of ~ 


all the votes cast, he shall be declared elected Municipal Judge 
in the primary, and certificate thereof shall accordingly be is- 
sued him by the Knox County Election Commission. Said 
Judge shall not be less than thirty years old, and shall have 
been a resident of said city for three years immediately Dupe 
to election. 


o2 


7a 


y 


The salary of the Municipal Judge shall be $3,600.00 per 
sannuin, payable in equal monthly installments. The Municipal 


‘ . . : SF la 
“Judge shall have the power and exercise the functions of; /and,. 
have concurrent jurisdiction with, Justices of the Peace within ’ 
the corporate limits of said city over cases involving violations’ , 


of the State criminal laws, and not otherwise. He shall have 
the exclusive power to impose fines for the breach of any city 
ordinance; and he shall have the exclusive power to grant par- 
dons, releases and suspension of judgments or sentences, and te 
remit fines of persons convicted by him. 


In case of his temporary absence, incompetency or inability 
to serve in any case, any Justice of the Peace of Knox County 
may hold said Court, which Court shall be known by the name 


of the Municipal Court, and all processes shall be issued in the 


name of the State of Tennessee, with the proper designation 
thereon to show that the same are also issued under authority 
of the City of Knoxville. 


The Judge of the Municipal Court shall have power to issue 
subpoenas to compel the attendance of witnesses; and in the 
event any witness so subpoenaed shall fail to attend, the Judge 
of the Municipal Court may compel his attendance by attach- 
ment for contempt. All such subpoenas shall be attested by 
the Clerk of the City Court and may be served by any police 
officer of said city. Said Judge of the Municipal Court shall 
have power to appoint a Clerk, who shall hold office at the 
pleasure of said Judge. The Judge of the Municipal Court 
shall have power to punish any person for any contempt com- 
mitted in the presence of the Court; but in no such ease shall 


_the punishment exceed the imposition of which fine the party 


guilty of any such contempt may be imprisoned in the work- 
house for a period of not exceeding ten days. 


The Judge of the Municipal Court is hereby authorized and 
empowered to promulgate rules and regulations for the govern- 
ment of the Municipal Court, to fix the times at which said 
Court shall meet, and to prescribe the sessions at which all per- 
sons within the jurisdiction of said Court are to have their 
cases set for trial. All witnesses testifying in said Court shall 
be sworn, and all defendants shall be entitled to legal counsel, 
if they so desire. Appeals may be had to the Circuit Court of 
Knox County from the judgment of the Municipal Court for 
violation of city ordinances if prayed and granted within two 
days, Sunday excepted, from the rendition of said judgment; 
provided, said appeal shall not act as a stay or supersedeas of 
the imprisonment of any defendant who fails to pay a fine im- 
posed, unless such defendant execute an appeal bond with sol- 
vent, qualified surety, in double the amount of fine imposed, 


53 


i] j {i i] 


and conditioned to appear and prosecute his appeal and pay any 
fine and costs adjudged against him upon said appeal. 

The Judge of the Municipal Court who shall be known as 
the City Judge, may be impeached, and after due trial] before 
the Council, following a ten days’ notice in writing of the spe: 
cific charges against him, may be removed by an affirmative 
vote of eight members of the Council, and the judgment of the 
Council shall be final. The grounds for impeachment trial and 
proceedings shall be misconduct, drunkenness, immorality, mal- 
feasance, misfeasance and non-feasance. The Council may in- 
stitute impeachment proceedings by resolution of that body, and 
shall do so upon petition of not less than five hundred qualified 
electors of the city, which impeachment petition need not set 
forth the specific charges against the City Judge. 

In case a vacaney occurs in the office of City Judge by 
reason of the death, resignation, dismissal, inability te serve, or 
for any other cause, the Council shall appoint a qualified per- 
son to fill such vacaney, who shall serve until the next general 
election, when a successor for the unexpired term shall be elect- 
ed. 

The City Judge provided for in this section shall have full 
power and authority to hear and determine all cases brought. 
before him for violation of the criminal laws of the State of 
Tennessee in aS complete a manner as if he were a regularly 
elected and acting Justice of the Peace of Knox County; he may 
impose fines upon conviction before him for misdemeanor, which 
fines could be imposed by a Justice of the Peace; or he may 
bind the defendant over to the Criminal Court of Knox Coun- 
ty, and accept bail, if the offense be bailable, but if the offense 
be, in his opinion, not a bailable offense, he may commit to the . 
county jail without bail. 

In State cases brought before the City Judge for trial, no 
fees or costs shall be taxed or collected in favor of the City 
Judge, or in favor of any police officer of the City of Knox- 
ville, it being the intention of this provision of this charter to 
obviate the necessity of having two separate trials where the 
offense committed by the defendant is a violation of a city or- 
dinanee, and also of the criminal law of the State; and the City 
Judge may in all proper cases and in a single trial of the de- 
fendant punish the defendant for a violation of the criminal 
laws of the State, or if in his judgment the ends of justice re- 
quire, he may fine the defendant for violation of the city or- 
dinance in question, and at the same time in a proper case bind 
the defendant over to the Criminal Court of Knox County in 
the State case. 


THE WORKHOUSE OR FARM COLONY 
Sec. 64. Be it further enacted, That the Council may pro 
o4 


vide, if they see fit, for a City Workhouse or farm colony, or 
said Council may provide by contract for the handling of city 
workhouse prisoners by Knox County in the county workhouse, 
and all persons may be confined in such workhouse or farm col. 
ony who fail or refuse to pay the judgment, penalties, fines or 
forfeitures imposed by the Municipal Court. Every person 
committed to the workhouse shall be required to work for either 
the city or county, as the case may be, at such labor within or 
without the workhouse, as such person’s health and strength 
will permit not exceeding ten hours each day, and for such 
work and labor the person so employed shall be allowed, exclus- 
ive of board, credit upon such fine and costs at the rate al- 
lowed by law for each day served until the whole thereof is sat- 
isfied and discharged, at which time the person shall be re- 
leased. Provided, that if the City of Knoxville shall at any 
time hereafter determine to maintain and operate it own work- 
house or farm colony, the Council shall by ordinance or resolu- 
tion fix the allowance for all prisoners for each day served. No 
person shall be imprisoned in the eity or county workhouse 
under the provisions of this charter and compelled to work 
longer than three months for any one offense, but this provision 
shall not prohibit a longer period than three months for the ag- 
gregate of more than one offense. 


CIVIL SERVICE BOARD 


Sec. 65. Be it further enacted, That there is hereby created 
a system of civil service for the City of Knoxville. As soon as 
practicable after the organization of the Council, said Council 
shall elect a Civil Service Board consisting of three members, to 
’ examine all applicants for positions on the Police and Fire De- 
partments, and in the civil service, the members of which shall 
have all of the requisite qualifications of a Councilman. The 
Council shall appoint one member for a term of two years, one 
member for a term of four years, and one member for a term 
of six years. Thereafter, members of the Civil Service Board 
shall be appointed to serve for six years and until their suc- 
cessors have been appointed and have qualified. Any vacancy 
shall be filled by the Council for the unexpired term. They shall 
take the oath of office prescribed for city officials. Any mem- 
ber of the Civil Service Board may be removed by the Council 
for cause, but not until such member has been given five days’ 
written notice and an opportunity to be heard in a public hear- 
ing of the charges preferred. Said Board shall choose from 
among its members a Chairman. The Recorder shall act as 
Clerk of the Board without additional compensation. Meet- 
ings shall be held in the City Hall in such room as may be pro- 
vided there for them. The Recorder shall keep a record of all 
meetings, which shall be full and accurate, and the minute book 


5D 


and other books of the Board shall be in his office as public 
records Said Civil Service Board shall act without partisan 
distinction or control. They shall hold civil service examina- 
tions on the first Saturday of September and the first Saturday 
of March of each year, or oftener, if they deem it necessary, for 
the purpose of determining the qualifications of applicants for 
po-itions under civil service in the City of Knoxville. All ex- 
aminations so held by them shall be practical and full, and fair- 
ly test the fitness of the person examined to discharge the dut- 
ies of the office or position to which they seek to be appointed. 
No applicant for examination shall be permitted to stand arm 
examination until he shall have produced before said Civil Ser- 
vice Board satisfactory evidence that he is a man of goad moral 
standing and character in the City of Knoxville, that he has 
lived within the corporate limits thereof for the preceding 
twelve (12) months; that he is not related either by affinity or 
consanguinity within the fourth degree to the members of the 
Civil Service Board or the Directors of the Departments, or to 
any other person having a vote or voice in his election or ap- 
pointment to office; and the said Civil Service Board shall noti- 
fy the Director of the Department concerned in the possible ap- 
pointment of the applicant, and require him to offer evidence as 
to the character and fitness for service of such applicant before 
the Civil Service Board shall permit such applicant or applicants 
to stand the examination. All applicants for civil service, before 
they shall be entitled to stand the examination, must hkewise 
show that they are between the ages of twenty-one and thirty-five 
years. All applications for examination shall be filed ten days 
before the date of examination which examination shall be ad- 
vertised for thirty days previous to the date of examination. 


The Civil Service Board is hereby authorized to ineur alk 
necessary and legitimate expenses for the proper examination 
of all applicants approved for examination, including physical 
examination as to health and physical condition of the appli- 
eant by some reputable physician who is a graduate of a first 
class medical college, to be selected by the Civil Service Board 
and approved by the Council. The fee for said examination 
shall be paid by the applicant at the time of examination. It 
shall be the duty of the Civil Service Board, after holding said 
examination, to certify to the Director of the Department hav- 
ing charge, double the number of persons necessary to fill the 
vacancies, who, according to the records of the Board, have the 
highest grade or standing for the positions which they seek. In 
the event the Civil Service Board is unable for any cause to cer- 
tify sufficient names from which to select employees when 
called for by the said Director, then the Director shall have the 
right to fill the vacancies until such time as the Civil Service 
Board ean certify the required number of names from which to 


56 


. 


make selections to fill vacancies thus temporarily filled by the 
said Director. The Director of any department may require 
any civil service employees in his department to be examined by 
said Board at any time for the purpose of determining whether 
or not any employee is fit for further services. Temporary ap- 
pointments of the Directors shall in no case be for a period long- 
er than thirty days. 


Sec. 66. Be it further enacted, That the provisions of Civil 
Service shall apply to all clerical employees and Police and Fire 
Departments of the City of Knoxville now in civil service or 
elected or appointed by the Director in charge of a particular 
department of the City and by the Council. No person shall 
be deemed to hold any particular office or employment under 
Civil Service, but only employment within a department, and 
may be changed from one position to another within the depart- 
ment at the discretion of the Director. The Recorder, Comp- 
troller, City Attorneys, City Physicians, Superintendents, Prin- 
cipals and teachers of public schools, hospital officers and em.- 
ployees, all employees in the departments having charge of 
streets, including the Superintendent of Streets, Superintend- 
ent of Garbage, and Time Keeper of the Street Department, 
employees in the Water Department, not having served in the 
office thereof for more than one year, and laborers, whose oc- 
eupations require no special skill or fitness, and the clerks or 
secretaries of the City Manager, Directors or officers of the City 
elected by the people, shall not be deemed to be in Civil Ser- 
vice; but all officers, agents or employees filling civil service 
positions on March 22, 1923, provided by the former Charter 
of the City of Knoxville and not coming within the exceptions 
hereinabove set out are hereby declared to be under Civil Ser- 
vice and shall remain therein without entrance examination, 
but subject to the rules and regulations, and other examinations 
prescribed herein. Provided, however, that if in making up 
the budgets the Director in charge of any department of the 
city, the City Manager and the Council, or either of them, as- 
certain that there is a surplusage of employees in any section 
or position, the Director shall reduce the number of employees 
in such section or position, taking from the employees of the 
section or position, those last appointed from the bottom 
upward until the reduction reaches the point that is satisfactory 
to the Director. 

CIVIL SERVICE RELIEF 


Sec. 67. Be it further enacted, That whenever an employee 
of the City of Knoxville shall become so permanently disabled, 
through injury received in line of duty, as to be retired from 
service, he shall receive relief from the funds of the City of 
Knoxville, in the amount of one-half of the salary which he re- 


57 


ceived in such employment, which shall be ordered paid by the 
Council when so retired from service. Said Council shall re- 
ceive the applications of such employee for retirement, or the 
applheation of the Director seeking to retire the employee no- 
tifying the employee to appear before the Council, hear the evi- 
dence in connection with the application, be the exclusive judges 
of its sufficiency for retirement and where the applicant is phy- 
sically unfit to perform the duties of his office, or any other 
office or work, the Council in its discretion may order that he 
be retired or retained on the active list. If he be retired there 
shall be entered upon the minutes of the Council the date of his 
election, his age, his record of service, and other information 
with reference to his retirement and the amount of half of said 
salary which shall be ordered paid to him monthly out of the 
proper funds. The words ‘‘in line of duty’’ shall be construed 
to apply to employees while acting in the employment of the 
city, whether inside or outside of the city limits, if ordered out- 
side of the city by his superior officer. 


Sec. 68. Be it further enacted, That in the event of the 
death of a civil service employe, before or after retirement from 
service therein, from injury received: in the line of duty as 
aforesaid, leaving widow or child or children under sixteen 
years of age, or a dependent father or mother, or both, such sur 
vivor or survivors shall be entitled to relief from the city as 
follows: The widow, or if no widow, then the dependent father 
or mother, per month, Twenty Dollars; a child or children 
under the ages of sixteen years, per month, Ten Dollars; pro- 
vided, however, that in case of the remarriage of any such 
widow, her relief shall cease and that relief of any child or 
children shall cease upon their reaching the age of sixteen 
years; but the provisions of this section shall have no applica- 
tion to any widow or children resulting from marriage contract- 
ed after retirement. 


_ Be it further enacted, That the Council may, in its disere- 
tion, pension widows and minor children under sixteen years of 
age of firemen and policemen who were killed in line of duty 
before the amendment of the city charter passed in 1917, au- 
thorizing pensions for dependents of deceased firemen and po- 
licemen, such pension not to exceed one-half of the salary drawn 
by the deceased at the time of his death. . 


Sec. 69. Be it further enacted, That any employee who 
shall have so served the City of Knoxville and any of its prede- 
eessors for Twenty-five full, separate years, may file his writ- 
ten application for retirement, or the Director of the Depart- 
ment concerned may file such application, before the Council of 
said City, and such employee may be retired from the office 


“ 58 


v 


of such department, provided he be 60 years of age, and is in- 
vapacitated for service or retained on the active list, as the 
Council may decide, and he shall thereafter be paid by the City 
of Knoxville one-half of the amount which he received while in 
the employment of the city at the time of his application, which 
payment shall be made to him monthly at the same time that 
the regular employees of the city are paid; provided, however, 
that said employee thus retired may be recalled at any time for 
such temporary service as he may be able to perform in times 
of emergency, or for physical examination as herein provided. 
If he shall have previously been reduced to a lower salary and 
position on account of disability, however, he shall be paid one- 
half of the salary received at the time of such reduction. In 
the event any employee shall become disabled through disease, 
or otherwise than through an injury received in line of duty, 
and has reached the age of 60 years, and shall have been in the 


employ of the city for five full, separate years, but has not 
served the city as hereinbefore set out, for twenty-five full, sep- 
arate years, such employee may be retired and shall be paid 
such proportionate part of one-half his full salary as the num- 


ber of years such employee has served bears to twenty-five 


years. 


Sec. 70. Be it further enacted, That the Council, City 
Manager, or the Director of any Department concerned, shall 
have the right to require examinations of any pensioned em- 
ployee heretofore or who may hereafter be pensioned, and if 
such employee is mentally and physically capable of perform- 
ing any duties in the department from which he was retired, he 
may be recalled thereto and shall perform such duties as the 
Director of the Department concerned may require, and shall 
receive such compensation as is paid for the same or similar ser- 
vice. If he refuses to return within ten days, his pension shall 
cease. Any civil service employee retired before this Act takes 
effect, upon a pension, shall hereafter receive as future pay- 
ment only one-half of the salary of such civil service employee 
paid to him while in the employ of the city at the date of his 
retirement. 


Sec. 71. Be it further enacted, That it shall be the duty of 
the City Recorder to keep a list of all retired or disabled em- 
ployes entitled to compensation, or their dependents who may 
be entitled to compensation as provided herein, in a book kept 
for that purpose; provided, further, that it shall be the duty 
of the Council to provide in the city budget sufficient funds to 


59 


pay the compensation of said retired or disabled employes or 
their dependents as provided in this Act. 


PROMOTIONS, PLATOONS, VACATIONS 


Sec. 72. Be it further enacted, 


(1) That the Director in charge of any department shal 
make all promotions on a basis of merit, efficiency and char- 
acter alone. | 


(2) That there shall be a double platoon in the Fire De- 
partment of the City of Knoxville as heretofore voted by the 
people, namely, no person employed in the Fire Department of 
the said city shall be compelled to be on duty more than twelve 
consecutive hours during the day, nor more than fourteen con- 


secutive hours during the night, provided that in no event shall’ 


the employes of said department be required to be on duty 
more than fourteen hours in any period of twenty-four hours, 
except as herein provided. The Chief of the Fire Department 
shall so arrange the working hours of said employes therein that 
said employes shall work as nearly as practicable an equal num- 
ber of hours per month, provided that he may in his discretion 
in the case of large crowds or emergencies, great conflagrations, 
or when inspections are desired, require such employe or em- 
ployes to continue on duty for a greater period of time than 
above specified. The Council shall by ordinance provide for 
vacations for members of the Fire and Police Departments, 
which shall be without loss of pay for the time thereof. 


(3) The members of the Police Department shall likewise 
be entitled to similar vacations under the same conditions, re- 
strictions and limitations as provided for in the ease of fire- 
men. The members of the Police Department shall each be re- 
quired to work shifts of eight hours out of every twenty-four 
hours for a day’s work. 


Any employee of the City of Knoxville, who is receiving a 
pension or relief from the City of Knoxville, hereunder shall no 
longer receive such pension or relief if the City Manager ascer- 
tain that he has been convicted of a crime involving moral tur- 
pitude in a court of record, or who, after due notice and trial, 
as hereinafter set out, shall be found to be a drunkard or guilty 
of lewd and lascivious conduct or shall fail to provide for his 
wife and children, or who shall be guilty of any conduct which 
would justify his dismissal if on active duty. 


CALLING OUT ENTIRE FORCES 


Sec. 73. Be it further enacted, That in case of a public 
crisis, such as conflagration, riots, storms, earthquakes, or other 
unusual perils to the lives, liberty and property of the citizens 


60 


of Knoxville, it shall be the right and duty of both the Mayor 
of Knoxville, the City Manager and Director of Publie Safety 
to summon all the forees and different departments of the city 
for the purpose of protecting the lives, liberty and property of 
the citizens; and it shall be the right and duty of the Mayor or 
City Manager to summon, deputize or otherwise employ such 
other persons as he may deem necessary outside of the regular 
forces of the city for the purpose of rendering the necessary 
protection to the citizens and to the City of Knoxville. 


RETURN OF FUNDS 


Sec. 74. Be it further enacted, That all unexpended funds 
now in the hands of the Commissioner of Finance of the City 
of Knoxville collected from the eivil service employes thereof 
by a retention of a part of their wages or salaries for civil ser- 
vice relief fund purposes pursuant to the provisions of Chapter 
152 of the Private Acts of 1917 of the General Assembly of this 
State; Chapter 494 of the Private Acts of 1919 of the General 
Assembly of this State, and other provisions of law, shall be 
paid and refunded to such officers and employes as may have 
paid the same in such sum as may now remain unexpended, in 
proportion to the amount paid by each employee; but if he has 
received relief therefrom such former relief payments shall be 
deducted from his proportionate share, and if they exceed his 
payments to said fund, he shall not be paid anything. Said 
payment shall be made within a reasonable time after October 
45-1923. 


Sec. 75. Be it further enacted, That no person appointeCsuspension or 
under civil service shall be deemed to be under civil service for,pemoval of civil 
a period of six months after such appointment, and during such 
period may be discharged by the Director in charge of the De. 
partment in his sole discretion. 


service employes 


Employees under civil service may be suspended, discharg- 
ed, or otherwise punished, for inefficiency, incompetency, neg- 
lect of duty, drunkenness, use of narcotics or intoxicating liq- 
uors, immorality, failure to obey orders given by proper author- 
ity, violation of any law or ordinance, conduct unbecoming an 
employee of the city, conduct prejudicial to good order or dis- 
cipline, use or abuse of official position for private ends, mis- 
feasance, malfeasance, non-feasance, or any other just or reason- 
able cause, in the following manner: 


(a) The Director in charge, or any other interested per- 
son, may file charges against any such employee. Such charges 
must be in writing, but may be in any form, and no charge 
shall ever be dismissed because lacking in form. A copy of the 
charges shall be delivered to the employee and a certificate by 


61 


any Director or police officer stating that such director or of- 
ficer has delivered a copy of such charges shall be sufficient. 
evidence of the fact of delivery. No charge shall ever he dis- 
missed for insufficiency, but if after the hearing hereinafter 
provided for, the employee charged submits himself to. exami- 
nation, and after such employee has testified, he shall make. 
affidavit : 

(1) That he was misled to his hurt by the insufficiency of 
the charge, and (2) that he verily believes that he can obtain. 
sufficient testimony to cause a dismissal of the charge, the evi- 
dence so taken shall become the charge and such employee shalk 
be granted a reasonable time in which to obtain such testimony 
in his behalf. 


(b) After filing of chabews as hereinabove set out, the em- 
ployee charged shall be entitled to a hearing before the Direc- 
tor of the Department employing the person against whom 
charges have been filed. Pending this hearing, the employee. 
may be suspended by the Director. The Director concerned 
shall hear all charges within three days after the same are filed, 
unless this hearing is further postponed at the request of, or 
with the consent of the employee under charge. The Director 
eoncerned shall give his decision within five days after the con- 
elusion of the hearing, exclusive of the day of the hearing. 


(c) Any person dissatisfied with the decision of the Di- 
rector may appeal to the City Manager within three days after 
the decision of the Director. Upon notice of such appeal being 
given to the Director it shall be the duty of the Director to have 
prepared a copy of the proceedings, evidenee, ete., before him 
and transmit the same to the City Manager who shall hear the 
appeal on such record and this judgment of the City Manager 
shall be final in all things. No new evidence shall be intro- 
duced before the City Manager, but the party appealing who 
shall have discovered new material evidence shall file his 
affidavit stating why such evidence was not available on 
the trial before the Director, together with the affidavits 
of witnesses, setting forth the substance of what such witnesses 
will testify. If the City Manager shall be of the opinion that 
the employee has not been negligent in failing to procure the 
additional evidence, and that the additional evidence is mater- 
ial to the issue, he shall send the record back to the Director 
concerned who shall hear only such additional evidence as Tay. 
be offered and shall again render his decision. 


The City Manager may affirm, modify, set aside or increase 
the punishment imposed by the Director or remand the same to 
the Director. 


The Couneil by ordinance shall determine what punishment 
62 


unay be imposed, and such punishments may be different for dif- 
ferent departments or divisions and for the same offense, and 
may be changed from time to time, but no change shall affect 
any charge then pending. 


Sec. 76. Be it further enacted, That whenever a policeman 
or fireman has in any way severed his connection by resigning 
or being removed or discharged from his service in the employ- 
ment of the city, before he shall be again elected, he shall be re- 
quired to stand a civil service examination just as any other ap- 
plicant and subject to the same qualifications as required for 
new applicants. ‘The Civil Service Board shall not pass as eli- 
gible for election or appointment any applicant who has obtain- 
ed a standing or grade of less than seventy (70%) per cent. 


- There shall not be more than ten (10) per cent of the regu- 
lar policemen employed as supernumerary policemen nor five 
(5) per cent of the regular firemen employed as supernumer- 
ary firemen whose salaries shall be paid out of the budget ap- 
propriation for the regular policemen and firemen, whose va- 
eancies they fill. The Chiefs of said departments shall have 
the right to call out necessary supernumeraries in cases of emer- 
geney. Regular patrolmen and firemen shall be elected from 
such supernumeraries m the order of their seniority of service 
before other regular policemen and firemen shall be appointed 
from the eligible list. 


BASIS OF TAXATION 


Sec. 77. Be it further enacted, That all property—real, 
personal and mixed—subject to State and county taxes, and all 
persons liable for poll taxes when the same shall have been duly 
assessed for taxation as now, or may hereafter be, provided by 
law, by the Assessor or Assessors directed to be appointed 
under the general law of the State, shall be the basis upon 
which property shall be taxed and collection made by proper 
municipal authorities of the City of Knoxville, Tennessee, for 
municipal purposes as hereinafter provided for. 


TAX BOOKS 
Sec. 78. Be it further enacted, That the office of City Tax 


Assessor for said municipality, together with all deputies and 
employes thereof, is hereby abolished. The assessment rolls 


and tax books of said city shall be those made by the Tax As- 


sessor and the Board of Equalization for Knox County, Ten- 
nessee, and it shall be the duty of the County Tax Assessor of 
Knox County to prepare and certify all necessary tax books and 
tax duplicates for the said city, showing said assessment, and 
to deliver the same to the Director of Finance of said city on or 
before June 1 of each year, and the said city shall pay him 


63 


reasonable compensation therefor. The said city shall prepare 
and furtish free of charge to said County Tax Assessor the 
necessary book or books for this purpose. 


The Director of Finance may furnish said County Tax As- 
sessor assistance from his office in the preparation of said 
books according to the method or plan desired by the Director 
of Finance. It shall be the duty of the County Tax Assessor 
to certify any changes that may be made im the assessment upon 
the individual appeal of the property owner by the County 
Equalization Board, or any State revising authorities from 
time to time and the Director of Finanee shall allow credits or 
make corrections or refunds of taxes if necessary, im accord- 
ance with the said changes. 


TAX APPEAL TO STATE BOARD OF EQUALIZATION 


Sec. 79. Be it further enacted, That the tax assessments 
shown on such tax books when properly certified by the Tax 
Assessor of Knox County, or other proper State or county of- 
ficial, shall be final as to persons and property within the cor- 
porate limits of the City of Knoxville, except as to those who 
may appeal to the State Board of Equalization, as provided by 
law; but no horizontal increase or decrease of assessments of 
Knox County shall be considered in correcting an assessment 
appealed to the State Board of Equalization; provided, how 
ever, that there may be an assessment made by the Director of 
Finance at any time of any property subject to taxation found 
to have been omitted from said tax books of the eity. 


TAXES DUE AND DELINQUENT—WHEN 


Sec. 80. Be it further enacted, That all taxes due the City 
of Knoxville on real, personal and mixed property appearing 
upon the tax books of the city as above provided, shall be due 
and payable the first Monday in July for each and every year 
for which taxes are assessed; said taxes shall become delinquent 
if unpaid on August 10th, and from that date shall bear inter 
est at the rate of six per cent per annum. A penalty of one 
per cent of the amount of delinquent taxes shall be added 
to said delinquent taxes on the tenth day of September, and 
one per cent shall be added on the tenth day of each month 
thereafter that said tax remains unpaid, which penalty shall be 
in addition to the interest as provided herein above. 


If it is possible to begin the collection of taxes before the 
first Monday in July, then any taxpayer may pay his municipal 
taxes prior to the first Monday of July, and shall be allowed to 
deduct from the said taxes a premium for prepayment of one- 


64 


— 


third of one per cent for each ten day period prior to the first 
Monday in July. 


COLLECTION OF DELINQUENT TAXES 


Sec. 81. Be it further enacted, That for the purpose of 
enforeing the collection of delinquent taxes the Director of 
Finance shall have the power and authority to issue distress 
warrants and alias and pluries distress warrants in the name 
of the City of Knoxville, Tennessee, to fix the time when such 
warrants are returnable, and at the time of issuance of such 
distress warrants, shall add to such delinquent taxes a further 
sum of ten per cent of the amount of such delinquent tax. Dis- 
tress warrants issued by the Director of Finance shall be exe- 
cuted by a police officer of the city detailed for that purpose. 
On January 10th next succeeding the date on which such taxes 
beeome due, the Director of Finance shall certify to the City 
Tax Attorney, which office is hereby created, a list of all de- 
linquent taxes remaining unpaid. It shall be the duty of the 
City Tax Attorney to file suits, if necessary, in the name of the 
city, to enforce collection of said delinquent taxes, 


TAXES ARE LIENS 


Sec. 82. Be it further enacted, That all taxes assessed and 
levied on real estate shall be and: remain a lien on the property 
until said taxes are paid in full with all penalties, interest and 
cost; such lien shall be enforced as other hens are enforced, by 
suits in equity, and in such suits there may be included any 
number of distinct pieces or tracts of land, the owners thereof 
being made defendants to the bill, and such suits shall not be 
subject to objection for misjoinder by reason of the distinct in- 
terests which the several defendants have in property proceeded 
against. When delinquent taxes have been certified to the City 
Tax Attorney for collection as provided in the next preceding 
section, whether suit to enforce the lien has been brought or 
not, a further sum of fifteen per cent of the amount of such 
delinquent tax shall be added thereto, which fifteen per cent 
may be allowed to the City Attorney, or the special assistant ap- 
pointed for that purpose, as a fee; provided, however, that the 
Council by ordinance may provide a different basis of compen- 
sation for the collection of delinquent taxes. 


BACK ASSESSMENT OF TAXES 


Sec. 83. Be it further enacted, That any property, real, 
personal or mixed, lying within the corporate limits which shail 
have been omitted from the regular tax assessment books, or 
are so described therein as to make assessment thereof uncertain 
or imperfect, may, in either event, be assessed for taxation by 
the Director of Finance for the current year and for the three 


65 


years next preceding, by entering on the tax books for the cur- 
rent year a description thereof, the name of the reputed owner, 
the date on which said assessment is made, the year for which 
the assessment is made, the value as fixed by the Director of 
Finance, and the amount of taxes levied thereon at the rate of 
taxation fixed by the Council for the year in which the assess- 
ment should have been made. The Director of Finance shall 
notify by mail the reputed owner, or his agent, or attorney, if 
known, that such assessment has been made, and such taxes 
due, and unless the tax assessed in this manner is paid within 
thirty days after the maining of such notice, said unpaid tax 
shall become delinquent and be collected in the manner and 
with the penalties, interest and costs added in the same manner 
as hereinbefore provided for delinquent taxes. Delinquent 
taxes accruing in this manner, together with interest, penalties 
and costs, shall be a lien upon such property until paid in full. 


POLL TAXES 


Sec. 84. Be it further enacted, That the Council shall 
have the power by ordinance to levy and prescribe the method 
of collecting a poll tax to be used solely for school purposes, 
not exceeding for any one year the amount of poll tax levied 
in that year by the State. 


LICENSE TAXES 


Sec. 85. Be at further enacted, That the Council may: by 
ordinance impose license taxes on any and all privileges, busi- 
ness, occupations, vocations, pursuits, trades or callings, or on 
any classes thereof now or hereafter subject to such taxation 
under the laws of the State of Tennessee; and a separate li- 
cense tax may be imposed for each place of business or office 
conducted by any individual, firm, association or corporation. 


AD VALOREM TAXES 


Sec. 86. Be it further enacted, That the Director of Fin- 
ance shall assess, levy and enforce the collection of merchants’ 
ad valorem taxes and all license taxes, and for the purpose of 
such collection, shall have and exercise the powers and author- 
ity in law vested in, and follow the procedure and methods pre- 
scribed for County Court Clerks, and shall have the power to 
administer oaths; and such taxes shall be a preferred claim of 
the same dignity as State taxes. 3 


BONDS FOR TAXES 


Sec. 87. Be it further enacted, That when any tax to se- 
eure which a bond was given the City of Knoxville is due and 
unpaid, such bond shall be placed im the hands of the City At- 


66 


torney for collection or enforcement, and such penalties shall 
be added thereto as the Council by ordinance may prescribe. 


CORRECTION OF TAX ERRORS 


Sec. 88. Be it further enacted, That the Council by. ordi- 
nance or resolution may order corrected, prior to the date when 
taxes become due, any gross error in the assessment, levy or 
collection of any tax of any character for municipal purposes 
and may direct a proper refund to any taxpayer; provided, that 
before such ordinance or resolution is passed, the Council has 
received from the Director of Finance a report of his investi- 
gation of any such claim for refund. In all cases arising after 
the tax becomes due, the law applying to the collection of State 
Revenue as set forth in Chapter 44 of the Acts of 1873, being 
an Act entitled, ‘‘An Act to facilitate the collection of reve- 
nues, providing when a taxpayer must pay taxes under protest 
and within what time suit must be brought, and providing an 
exclusive remedy for taxpayers,’’ shall apply likewise to the 
collection of municipal taxes due the City of Knoxville. 


MUNICIPAL ELECTIONS 


Sec. 89. Be it further enacted, That a regular election for 
the choice of Councilmen and City Judge and Board of Eduea- 
tion provided for in this charter shall be held on the second 
Saturday after the first Monday in September in each odd- 
numbered year thereafter. All other elections held under this 
charter excepting those for nomination of candidates for the 
offices of Councilmen and City Judge shall be known as Spe 
cial Municipal Elections. All elections shall be conducted and 
announced in the regular manner by the Commissioners of 
Election of Knox County, Tennessee, who shall be paid for 
their services such amount as the Council shall indicate by reso- 
lution or ordinance, but in no event to exceed more than One 
Hundred Dollars per annum for each of the three Commis- 
sioners. 


Sec. 90. Be it further enacted, That all elections provided 
for by this charter, whether for the choice of officers, or the 
submission of questions to the voters, shall be conducted by the 
election authorities prescribed by general law, and the provis- 
ions of the general election laws of the State shall apply to all 
such elections, except as otherwise provided for by this charter. 


The said Board of Election Commissioners of Knox County 
shall certify to the City of Knoxville for payment such expenses 
as shall have been properly incurred in holding any primary, 
special or regular election, and said amount shall be a charge 


67 


against the city, and shall be paid by it in like manner as other 
miscellaneous expenses. 


Sec. 91. Be it further enacted, That in any primary, spe- 
cial or regular election, only citizens qualified to vote for mem- 
bers of the General Assembly by the laws of the State shall be 
entitled to vote; provided, however, that non-residents who 
shall have owned a taxable free-hold in said city for six months 
previous to said day of election, whether the same be a primary, 
regular or special municipal election, and being qualified to 
vote for members of the General Assembly by the laws of the 
State, shall be entitled to vote in the voting precinct in which 
said free-hold is situated; provided said non-resident registers 
in said precinet, and such person holding real estate in more 
than one precinet may elect in which precinct he or she will 
register and vote, but shall not be allowed to register and vote 
in more than one precinct. 


CANDIDATES PUBLISH EXPENSES 


Sec. 92. Be wt further enacted, That every candidate for 
an elective office, and every elective officer of the City of 
Knoxville, shall, the day before election, and within three days 
after election, file with the Recorder, and publish at least once 
in a daily newspaper of daily circulation, his sworn statement 
of all of his campaign and election expenses, itemized, and by 
whom such funds were contributed; and any candidate for an 
elective office, and any elective officer, failing to comply with 
the requirements of this Act shall be disqualified from holding 
the office he seeks, or to which he has been elected. 


REGISTRATION BOOKS 


Sec. 93. Be wt further enacted, That the registration books 
containing the names of the qualified voters of the city shall be 
publie records, and the Baord of Registration and Election 
Commissioners of Knox County shall allow examination of said 
books at all reasonable hours by any qualified voter. 


CANDIDATES—HOW NOMINATED 


Sec. 94. Be wt further enacted, That all candidates to be 
voted for at all municipal elections at which the members of the 
City Couneil shall be chosen under the provisions of this Act, 
shall be nominated in a primary election to be held by the Com- 
missioners of Election of Knox County, Tennessee, and no other 
names shall be placed upon the official ballot or be voted for at 
the regular election coming after the nominating primary ex- 
cept those selected in the manner as hereinafter prescribed. 


The primary election for such nominations shall be held on 
the last Saturday in August, except in any year when the last 


68 


Saturday in August shall fall on the 30th or 31st day of the 
month, in which event said primary election shall be held on 
the next to the last Saturday in August in the odd numbered 
year, beginning in 1923. Said primary election shall be held 
as far as possible at the regular voting places in the various 
precincts, and the polls shall be opened at 9 o’clock a. m. and 
closed at To’clock p. m. 


The name of any eligible elector of the city, except as here- 
inafter provided, shall be printed upon the primary ballot when 
a petition in the form hereinafter prescribed shall have been 
filed in his behalf with the Board of Election Commissioners 
of Knox County, Tennessee, and such petition shall have been 
signed by at least twenty-five of the registered voters of the 
city. The signatures to a nominating petition need not all be 
appended to one paper, but to each separate paper there shall 
be attached an affidavit of the circulation thereof stating the 
number of signers of such paper, and that each signer affixed 
his signature in the presence of the circulator, and is the gen- 
uine signature of the person whose name it purports to be; each 
signer of the petition shall sign his name in ink or indelible pen- 
eil, and shall place on the petition after his name his place of 
residence by street’ and number, or the location of his real es- 
tate, and in what election precinct he intends to vote, if entitled 
to vote by reason of property qualification. The petition paper 
shall be substantially in the following form: 


FORM OF PETITION PAPER 


We, the undersigned, HOLE Ye pt CSO ewe 2c cots 2 oo seaee reece 3 
- whose residence IS’, tLeeb se ates TPECINCLS 2 eee es 
“th aaa ee Knoxville, Tennessee, as a candidate for 
nomination to the office ey io a Bal Ghee Pot See to be voted upon at 
the primary election to be held on the....................----.----- day of 
SE BE PT Ae , 19......, and we individually certify that 
we have not signed similar petitions greater in number than 
the number of vacancies to be filled for this office. 

TSG BR ek ep OE. alin bee ey RR ea 


State of Tennessee, 
Knox County. 
rn Sa SS CRI hc ae Tp ome , being duly sworn, deposes and 
says that he is the circulator of the foregoing petition paper 
BMOTA LIL) T1991 Pa ah ene aoe Boge eae at signatures, and -that the signatures 
appended thereto were made in his presence, and are the signa- 
tures of the persons whose names they purport to be, 
Seta ate! See OS a0, reg eis eae te See ats RA 4 or eer a 


All nominating papers comprising a petition shall be as. 
sembled and filed with the election authorities as one instru- 


69 


ment at least thirty days prior to the date of holding the pri- 
mary election with respect to which such petition is filed. 

Any person whose name has been submitted for candidacy’ 
by any such petition shall fife his acceptance of such candidacy 
with the election authorities not later than twenty-five days be- 
fore the day of the primary election, and in the absence of such 
acceptance, the name of the eandidate shall net appear on the 
ballots. 


ELECTION BALLOTS: 


Sec. 95. Be it further enacted, That the official ballot to 
be used in the primary, and also in the general election follow- 
ing, shall be appropriately worded by the Board of Election 
Commissioners, and the names of the candidates for the respee- 
tive offices shall be alphabetically grouped. The Board of Elec- 
tion Commissioners shall cause the primary ballots to be prop- 
erly printed and distributed, the primary held, the votes eount- 
ed and canvassed and certified, as now required by law in eases 
of regular municipal elections. | 


NAMES OF CANDIDATES ON ELECTION BALLOT 


Sec. 96. Be at further enacted, That the candidates for 
nomination for the offices to be filled at the regular municipal 
election who shall have received the greatest vote in such pri- 
mary election shall be placed upon the ballot at the mext muni- 
cipal election in number not to exceed double the number of 
vacancies to be filled; provided, that if any candidate shall re- 
eeive 4 majority of all votes cast in the primary in the con- 
test in which he is a eandidate, that he shall be considered and 
declared the nominee for that office, and only his name shall 
be certified and placed on the official ballot as the nominee of 
the primary for the office for which he is a candidate; pro- 
vided, further, that should there be a tie vote, and one addi- 
tional vote would qualify any of the candidates to be declared 
a nominee for the regular election, then each and every ecandi- 
date receiving such a tie vote shall be certified as a nominee, 
and his name included on the regular municipal election ballot. 


SPECIAL ELECTION TO DECIDE TIE VOTE 


Sec. 97. Be it further enacted, That in case of a tie vote 
between candidates for election to the same office at the regu- 
lar municipal election, the following procedure shall be had: 
As soon as the result is known, the officer or officers author- 
ized by law to hold the city election shall at once proceed to ad- 
vertise for five consecutive days in a daily newspaper printed 
in the city, the time and place of holding a new election as here- 
in provided; and in the event there are only two candidates for 
an office, and the vote has been a tie in the regular municipal 


70 


~~ 


election, the person receiving the largest mumber of votes im the 
new election shall be declared elected. Im the event there have 
een more than two candidates for the office, amd twe er mere 
of such candidates have received a tie vete, the mames of all 
‘those receiving the tie vote who, had they reezived eme addi 

tional vote at the regular election, would have ben &clared 


elected, shall be included on the ballet. 


ao 


RECALL OF COUNCILMEN 


: Sec. 98. Be tt further enacted, That any © ap aTaay 
large of the City of Knoxville elected under this Act may be 
removed from office by the qualified voters a said it r: the 
procedure to effect such removal shall be as follows: A Petlwarn 
signed by the qualified voters equal in number to at least thirty 
per cent of the total vote cast for all candidates for the effice 
of City Judge at the last regular election demanding the elee- 
_ tion of a successor to the person sought to be remov ed shall be 
_ filed with the Commissioners of Election of Knox County, and 
Notice given of such filing by publication at least once in one 
‘ie of the daily newspapers published in said city, which petition 
_ shall contain a general statement of the grounds upon which 
. the removal is sought; the signatures to the petition need not 
all be appended to one paper, but each signer shall add to his 
signature his place of residence, giving his street and number, 
or the location of his real estate, and in what election precinet 

he intends to register and vote, if he votes by reason of proper 
ty qualification. One of the signers of each such paper shall 
a _ make oath before an officer competent to administer oaths that 
_ the statements therein made are true as he believes, and that 

- each signature to the paper appended is the genuine signature 
of the person whose name it purports to be; within fifteen days 
_ from the. date of the filing of said petition, said Board of Elee 
tion Commissioners shall examine the same and ascertain 
whether it is signed by the required number of persons, and 
__- whether such persons are qualified voters as shown by the reg 
istration books, and they shall attach to said petition their cer. 
tificate showing the result of such examination. Lt, by the 
said certificate, the petition is shown to be insufficient, it may 
be amended within ten days from the date of said certificate. 
The Board of Election Commissioners shall, within fifteen days 
after such amendment, make like examination of the amended 
petition, and if their certificate shall hold the same to be in- 
_ sufficient, it shall be returned to the persons filing it. If by 
their certificate the petition is shown to be sufficient, the said 
Board of Election Commissioners shall at onee fix a date for 
holding the said election, not less than thirty days nor more 
- than sixty days from the ‘date of their certificate, showing that 
a sufficient petition is filed. The Commissioners of [loetion 


71 


shall make, or cause to be made, publication of notice and ail 
arrangements for holding said election, and the result thereot 
declared, and the expenses thereof paid, in all respects as in 
other éity elections. 


The suceessor of any officer so removed shall hold office 
during the unexpired term of his predecessor. Any person 
sought to be removed may be a candidate to sueceed himself, 
and unless he requests otherwise in writing, the said Commis- 
sioners of Election shall place his name on the official ballot. 
without nomination. In any such removal election the candi- 
date receiving the highest number of votes shall be declared 
elected. At such election, if some other person than the inecum- 
bent receives the highest number of votes, the incumbent shail 
thereupon be deemed removed from office upon the qualifica- 
tion of his suecessor. In ease the party who receives the high- 
est number of votes should fail to qualify within ten days after 
receiving notification of election, the office shall be declared 
vacant. If the incumbent received the highest number of 
votes, he shall remain in office. The said method of removal 
shall be cumulative and additional to the methods heretofore 
existing by law; all laws applicable to general and special elec- 
tions under the general laws shall apply in all general, special 
and removal elections held under the provisions of this Act, 
except wherein it conflicts with this Act. 


Any District Councilman may be removed in the same man- 
ner as prescribed in this section, with the exception that the 
recall petition seeking to remove such District Councilman shall 
contain the signature of qualified voters of only the voting dis- 
trict from which said Councilman was elected to the number of 
at least thirty per cent of the total vote cast for District Coun- 
cilman in that voting district in the last municipal election. 


INITIATIVE AND REFERENDUM 


Sec. 99. Be it further enacted, That any proposed ordi- 
nance may be submitted to the Council signed by electors of 
the city equal in number to the percentage hereinafter requir- 
ed; the signers, verifications, authentications, inspection, certi- 
fication, amendment and submission of such petition shall be 
the same as provided for petitions under Section 98 of this Act. 

If the petition accompanying the proposed ordinance be 
signed by electors equal in number to forty per centum of the 
total votes cast for all candidates for the office of City Judge 
at the last regular election, and contains the request that the 
said ordinance be submitted to a vote of the people, if not pass- 
ed by the Council, the Council shall either: 


(1) Pass such ordinance without alteration within twenty 
72 


days after the attachment of the certificate of the Board of 
Election Commissioners to the accompanying petition; or, 


(2) Forthwith after the Board of Election Commissioners 
shall attach to the petition accompanying said ordinance their 
certificate of sufficiency, the Council shall call a special elec- 
tion, unless a general municipal election is fixed within six 
months thereafter, and at such special or general municipal 
election, if one is so fixed, such ordinance shall be submitted 
without alteration to the vote of the electorate of the city. But 
if the petition is signed by not less than twenty-five per centum 
of the total votes cast for all candidates for the office of City 
Judge in the last regular election, then the Couneil shall within 
twenty days pass said ordinance without change, or submit the 
same at the next general election occurring not more than thirty 
days after the Board of Election Commissioners’ certificate of 
sufficiency is attached to said petition. The ballots used when 
voting upon said ordinance shall contain these words: ‘‘For the 
Ordinance’’ (stating the nature of the proposed ordinance) ; 
‘* Against the Ordinance’’ (stating the nature of the proposed 
ordinance). If a majority of the qualified electors voting on 
the proposed ordinance shall vote in favor thereof, such ordi- 
nance shall thereupon become a valid and binding ordinance of 
the city, and any ordinance proposed by petition, or which shali 
be adopted by a vote of the people, cannot be repealed or amend- 
ed, except by a vote of the people. 

Any number of proposed ordinances may ve voted upon at 
the same election in accordance with the provisions of this sec- 
tion; but there shall not be more than one special election in any 
period of six months for such purpose. 


Whenever any ordinance or proposition is required by this 
Act to be submitted to the voters of the city at any election, the 
Recorder shall cause such ordinance or proposition to be pub- 
lished once in one of the daily newspapers published in said 
city ; said publication to be not more than twenty nor less than 
five days before the submission of the proposition or ordinance 
to be voted on. 


Sec. 100. Be it further enacted, That petitions provided 
for in this Act shall be signed by none but legal voters of the 
city. Each petition shall contain in addition to the names of 
the petitioners, the street and house number in which the peti- 
tioners reside, his age, and length of residence in the city; it 
shall also be accompanied by the affidavit of one or more legai 
voters of the city, stating that the signers thereof were at the 
time of signing legal voters of said city, and the number of 
signers at the time the affidavit was made; and said petition, 
with the names and addresses of the petitioners, shall be pub- 


73 


lished one time in the City of Knoxville at the expense of said 
city in a daily newspaper published in said City of Knoxville. 


OUSTER 


Sec. 101. Be it further enacted, That the provisions of the 
general ouster law of the State of Tennessee, being Chapter 11 
of the Public Acts of the General Assembly for 1915, and being 
Sections 1135A-1 to 1135A-27, inclusive, of Shannon’s Anno- 
tated. Code of Tennessee, shall apply to and be in force as to 
the members of the Council of the city, for the City Judge, and 
such officers shall be subject to removal from office under the 
provisions of said law, and for violations thereof. 


NEPOTISM 


Sec. 102. Be at further enacted, That no officer or em- 
ploye elected or appointed by the Council, the Board of Edu- 
eation, the Board of Library Trustees, the Civil Service Board, 
or any administrative officer shall be related to any of said 
members of the Council, the Board of Education, the Board of 
Inbrary Trustees, the Civil Service Board, or any administra- 
tive officer controlling or having a vote or voice in the election 
or appointment of said officer or employe, within the third 
degree, either by affinity or consanguinity. 


COUNCIL FIXES SALARIES 


Sec. 103. Be it further enacted, That the Council by ordi- 
nance shall fix the salary or compensation of its own employes 
and the heads of departments, except as provided otherwise in 
this charter. The City Manager, subject to the approval of 
the Council, shall fix the number and salary or compensation 
of all other officers or employes of the city. The salaries so 
fixed by the City Manager shall be uniform in each grade of 
the service, as such grades shall be established by the City Man- 
ager in accordance with the rules and regulations of the Civil 
Service Board. 


COUNCIL FIXES BONDS OF OFFICERS AND EMPLOYES 

Sec. 104. Be it further enacted, That the Council shall de- 
termine which officers and employes shall give bond, and the 
amount thereof, which bonds shall be procured from a regularly 
accredited surety company authorized to do business under the 
laws of the State of Tennessee. Premiums on such bonds shall 
be paid by the city, and all such bonds shall be filed with the 
City Treasurer, except that of the Treasurer, himself, which 
bond shall be filed with the City Attorney. | 


COUNCIL DELEGATES POWERS 
Sec. 105. Be it further enacted, That the Council shall by 
74 


ordinance make provisions for the delegation of any power as- 
signed to any officer or employe to any deputy or subordinate 
officer or employe during the absence or disability of any of- 
ficer or employe, except as otherwise provided for in this Act. 


FREE PASSES, ETC. 


Sec. 106. Be it further enacted, That no Councilman, of- 
ficer or employe of said city shall accept any frank, free ticket, 
passes or services, directly or indirectly, from any person, firm 
or corporation upon terms more favorable than are granted to 
the public generally. Any violation of this provision shall be 
a misdemeanor; such prohibition of free transportation does 
not apply to policemen or firemen in uniform, nor shall any 
free service to city employes or officials in their official capac- 
ity, or which is provided for by any franchise or ordinance, be 
affected by this section. 


NO POLITICS IN CITY GOVERNMENT 


Sec. 107. Be it further enacted, That no person in the ser- 
vice of the city or seeking admission thereto, shall be appointed, 
reduced, or removed or in any way favored or discriminated 
against because of political opinions or affiliations. It is here- 
-by made unlawful and a ground for removal and discharge 
from office or employment of the city for any officer or em- 
ploye of the executive or administrative departments of the 
city to act or serve on any political committee, campaign or- 
ganization, finance committee, or similar body or organization, 
or to attend or serve as a delegate to any political or nominative 
convention; likewise for such official or employe to serve as 
any register of votes, or as judge, officer or clerk of any elec- 
tion, either general or primary. It is hereby declared unlaw- 
ful and grounds for removal .or discharge for any officer or 
employe of the executive or administrative departments of the 
city to solicit contributions to, or to subscribe or contribute to 
any candidate for office, State, municipal or national, or to his 
manager, agents, or representatives for campaign or election 
purposes. It shall be a misdemeanor, punishable by a fine of 
One \Hundred Dollars, for each offense upon each conviction in 
the Criminal Court of Knox County, Tennessee, or a Fifty Dol- 
lar fine before the City Judge, for any person to solicit, collect, 
or receive any contribution or money from any city official or 
city employe for election, campaign or political purposes on 
property or premises owned, rented, occupied or controlled by 
the City of Knoxville. 


CITY VEHICLES TO BE MARKED 


Sec. 108. Be it further enacted, That there shall be plain- 
ly painted or stamped upon both sides of all vehicles, including 


795 


To assume in- 


debtedness 


wagons, carts, trucks, and automobiles belonging to the City 
of Knoxville, the following words: ‘‘Property of the City of 
Knoxville.’’ These letters shall be not less than three inches 
high, and after having been so painted or stamped thereon, 


shall be maintained in a clear and distinct form so that they - 


ean be read at a distance of twenty feet from said vehicle. The 
failure of the Mayor, any Councilman, head of any department, 
or other official. of the City of Knoxville to fully comply with 
the foregoing provision of this section is hereby declared a mis- 
demeanor, and upon conviction for violation thereof in the 
Criminal Court of Knox County, Tennessee, such person shall 
be fined not less than Ten Dollars nor more than Fifty Dollars 
for each offense. 


Sec. 109. Be it further enacted, That every officer and 
every member of any Board elected in any manner, or, appointed 
in any manner, and every member of the Council, and the City 
Judge, shall before entering upon his duties, take and subscribe 
and file with the Recorder in a book kept for that purpose, an 
oath or affirmation, in such form as the Council may direct, 
but which shall state that the individual has all the qualifica- 
tions named in this Act or required by general law for the of- 
fice or position he is about to assume; that he will support the 
Constitution of the United States, and the Constitution of the 
State of Tennessee, and the charter and ordinances of the city ; 
and that he will faithfully discharge the duties of his office. 
The Council may, by resolution, require any and all employes 
of the city to subseribe to this oath or affirmation. 


RESIDENCE REQUIRED 


Sec. 110. Be it further enacted, That whenever in pre- 
seribing the qualifications for officers and members of the City 
Boards provided for in this charter, residence within the city 
or within Knox County for any specified time is required, pre- 
scribing qualifications to election by appointment, etc., the of- 
fices of such officers and board members shall become vacant 
whenever they or any of them shall have removed their place 
of residence from the city or from the county, as the case 
may be. | 


Sec. 111. -Be iat further enacted, That the corporation 
created by this Act, shall assume and be liable for all indebted- 
ness, all obligations and habilities of every character for which 
its predecessor corporation was indebted or under obligations, 


or was lable, and shall sueceed to all the rights of property, and — 


all contract rights, and the right to collect unpaid taxes, and 
all immunities and privileges which belonged to said former 
corporation, and shall be entitled to defend suits, and against 
all claims which said former corporation was entitled to do; 


76 


‘J 
we 


* ow 


tr. 1, 


-. 


and shall further be entitled to prosecute in the courts or other- 
wise all suits and claims which said former corporation was en- 
titled to have and maintain, and to continue the prosecution of 
suits heretofore instituted by said predecessor corporation. 


Sec. 112. Be it further enacted, That all persons holding 
office at the time this charter goes into effect shall continue in 
office and in the performance of their duties until other pro- 
visions shall have been made in accordance with the provisions 
of this charter for the performance of such duties. The pow- 
ers conferred and the duties imposed upon any officer, board, 
commission, or department of the city by the laws of the State 
shall, if such office, board or commission or department be 
abolished by this charter, be thereafter exercised and discharg- 
ed by the office or department designated by the Council, unless 
otherwise provided herein. 


Sec. 113. Be it further enacted, That all contracts law- 
fully entered into by the city or for its benefit prior to the tak- 


ing effect of the provisions of this charter, shall continue in 


full foree and effect. All publie works begun prior to the tak- 
ing effect of this charter shall be continued and perfected there- 
under. Public improvements for which legislative action shall 
have been taken under the law or charter provisions existing 
prior to the time of the taking effect of this Act may be ear- 
ried to completion in accordance with the provisions of such 
existing laws and charter. 


Sec. 114. Be it further enacted, That all ordinances and 
resolutions in force at the time of the taking effect of this char- 
ter and not inconsistent therewith, shall continue in force and 
effelt until amended or repealed. 


Sec. 115. Be it further enacted, That if any section or 
part of section of this Act proves to be invalid or unconstitu- 
tional, the same shall not be held to invalidate or impair the 
validity, force or effect of any other section or part of section 
of this Act, unless it clearly appears that such other section or 
part of section is wholly or necessarily dependent for its opera- 
tion upon the section or part of section held to be uneonstitu- 
tional or invalid. 


Sec. 116. Be it further enacted, That this Act is declared 
to be a Public Act, and may be read in evidence in all courts 


Officers to 


hold over 


Old contracts 


in force 


of equity and law; and all ordinances and resolutions and pro- | 


ceedings of said Council created by this Act may be proven by 
the seal of said corporation, attested by the Recorder; and when 
printed and published by the authority of said corporation, the 


77 


same shall be received in evidence in all courts and places with- 
out further proof, when certified to by the Recorder. 


Sec. 117. Be it further enacted, That all Acts and parts 
of Acts in conflict with this Act be and the same are hereby 
repealed. | 


Sec. 118. Be it further enacted, That for the purpose of 
having performed all of the acts and things necessary and 
proper to be performed in the process of calling and holding 
the first elections provided by this Act to be held in Septem- 
ber, 1923, and the declaring and certification of the result 
thereof by the Board of Election Commissioners of Knox Coun- 
ty, this Act shall take effect on and after the first day of June, 
1923, and for all other purposes this Act shall take effect and 
become operative on and after the hour of 10 o’clock a. m. on 
Monday, the first day of October, 1923, the public welfare re- 
quiring it. 

Passed March 26, 1923. 


FE. S. Hatt, 
Speaker of the House of Representatives. 


EUGENE J. BRYAN, 
Speaker of the Senate. 


Approved March 31, 1923. 


AustTIN PEAY, 


Governor. 
Amendments passed 
Feb. 6, Mareh 9 and 26, 1925. 
L. D. Hitt, 
Speaker of the Senate. 
W. F. Barry, 


Speaker of the House of Representatives. 


Approved: . 
Austin Pray, 
Governor. 


18 


3 0112 098432831 


WINN 


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